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


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.


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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