Two Indictments, Two Trials

Prosecutors said a man led a heroin distribution network in an Indiana city from 1972 to 1974. They brought two indictments: one for drug conspiracy and one for running a continuing criminal enterprise. He opposed having the two tried together, so they were tried separately. He was convicted of conspiracy first, receiving 15 years and a $25,000 fine, and was then tried on the enterprise charge. The defence argued that conspiracy is a lesser part of the enterprise offence, so after the first conviction the Constitution barred a second trial for the same conduct.