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BARTKUS V. ILLINOIS, 359 U. S. 121 (1959)

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U.S. Supreme Court

Bartkus v. Illinois, 359 U.S. 121 (1959)

Bartkus v. Illinois

No. 1

Argued November 19, 1957

Affirmed by an equally divided Court January 6, 1958

Rehearing granted, judgment vacated and case restored to

calendar for reargument May 26, 1958

Reargued October 21-22, 1958

Decided March 30, 1959

359 U.S. 121

Syllabus

Petitioner was tried and acquitted in a Federal District Court for violation of 18 U.S.C. § 2113, which makes it a crime to rob a federally insured bank. On substantially the same evidence, he was later tried and convicted in an Illinois State Court for violation of an Illinois robbery statute.

Held:

1. The cooperation of federal law enforcement officers with Illinois officials did not violate the Double Jeopardy Clause of the Fifth Amendment. Pp. 359 U. S. 122-124.

2. The Fourteenth Amendment does not impliedly extend the first eight amendments to the States. Pp. 359 U. S. 124-126.

3. The Illinois prosecution for violation of its own penal law after a prior acquittal for a federal offense, on substantially the same evidence, did not violate the Due Process Clause of the Fourteenth Amendment. Pp. 359 U. S. 127-139.

7 Ill.2d 138, 130 N.E.2d 187, affirmed.


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