What is the burden of proving that the petitioner has twice been put in jeopardy for the same offence?
"New York", United States of America
The following excerpt is from Martinis v. Supreme Court, 15 N.Y.2d 240, 206 N.E.2d 165, 258 N.Y.S.2d 65 (N.Y. 1965):
Prohibition is an extraordinary remedy which may not be used except in clear-cut situations. The burden rests with the petitioner to establish that he has been 'twice put in jeopardy for the same offense' (People v. Silverman, 281 N.Y. 457, 24 N.E.2d 124). This petitioner has not met his burden in this proceeding.
The order appealed from should be reversed and the petition dismissed.
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