The provision in the state and federal constitutions that one may not be put in jeopardy twice for the same offense is merely declaratory of the common law, and is in effect in all jurisdictions. However, there is often great difficulty in determining when offenses are the same. Several tests to determine the identity of offenses have been employed.
CRIMINAL LAW AND PROCEDURE-FORMER JEOPARDY-TESTS OF "SAME OFFENCE,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol32/iss4/6