Appeal from Berrien, Julian Hughes, J.
Leave to appeal applied for.
N. J. Kaufman, P. J., and R. B. Burns and G. R. Deneweth,* JJ.
1. -- Double Jeopardy -- Same Transaction -- Resisting Arrest -- Public Intoxication -- Statutes.
The double jeopardy clause of the Federal and state Constitutions bars a felony prosecution in circuit court for resisting a police officer where the defendant has already been tried in district court for violating an ordinance which prohibits public intoxication and where both of the charged offenses arose out of the same transaction (MCLA 750.479; MSA 28.747).
2. -- Double Jeopardy -- Courts -- Jurisdiction -- Felonies -- Ordinance Violations.
The allocation of jurisdiction over ordinance violations to the district court, and over felonies to the circuit court, cannot defeat a defendant's right to be free from double jeopardy.
3. -- Constitutional Law -- Double Jeopardy -- Separate Sovereigns.
A state and its municipalities are not separate sovereigns for purposes of the double jeopardy clause of the United States Constitution.
The opinion of the court was delivered by: Kaufman
Clarence L. Kretchmer, Jr., was charged with resisting a police officer in the discharge of his duty. Defendant moved to quash the information. Motion granted. The people appeal.
Plaintiff appeals an order of the Berrien County Circuit Court which quashed an information against defendant. The information had charged defendant with resisting a police officer in the discharge of duty, MCLA 750.479; MSA 28.747. The court quashed the information because it found that a prosecution would place defendant in jeopardy twice for the same act.
On March 31, 1974, the Niles Township Police were summoned to a local tavern to investigate a disturbance. After seeing defendant at the heart of the disturbance, the officers attempted to arrest defendant for public intoxication, a violation of a Niles Township ordinance. At this time, defendant allegedly resisted the attempt to arrest him.
On August 13, 1974, the Berrien County District Court acquitted defendant of the public intoxication charge. The circuit court found that this ...