People v. Burkhart

In People v. Burkhart (1936) 5 Cal.2d 641, the defendant was charged with driving under the influence of alcohol. The parties stipulated that the defendant had previously pleaded guilty to violating a county ordinance by " 'being drunk on a public highway,' " based upon the same incident, and the defendant raised a plea of twice in jeopardy based upon that conviction. Both the trial and appellate courts rejected the double jeopardy contention on the ground that the defendant failed to meet his burden of proof because he failed to provide a copy of the county ordinance to prove that the elements of the offenses were the same. (Burkhart, supra, 5 Cal.2d at pp. 642-644.)