In recent decisions this Court has adhered to the principle developed in the federal decisions by holding that, under the doctrine of double jeopardy, a subsequent prosecution by a different sovereign is constitutionally permissible under both Federal and State Constitutions. State v. Forbes, 348 So.2d 983 (La. 1977); State v. de la Beckwith, 344 So.2d 360 (La. 1977). Applying this principle to the instant case, the subsequent state prosecution of these defendants on a similar charge for which they were previously prosecuted in federal court did not place them twice in jeopardy for the same offense under the Federal and State Constitutions.
See, e.g., People v. Hines, 572 P.2d 467 (Colo. 1977); State v. Rogers, 90 N.M. 604, 566 P.2d 1142 (1977); State v. Forbes, 348 So.2d 983 (La. 1977); Crane v. State, 555 P.2d 845 (Nev. 1976); Stathes v. State, 29 Md. App. 474, 349 A.2d 254 (1975); State v. Turley, 518 S.W.2d 207 (Mo.App. 1974); Klein v. Murtagh, 44 App.Div.2d 465, 355 N.Y.S.2d 622 (1974); People v. Belcher, 11 Cal.3d 91, 520 P.2d 385 (1974); State v. Cooper, 54 N.J. 330, 255 A.2d 232 (1969); State v. Castonguay, 240 A.2d 747 (Me. 1968). Notwithstanding this universally accepted principle of federal law, the defendant argues that the principle allowing successive prosecutions has been eroded by three subsequent decisions of the United States Supreme Court, which, it is claimed, suggest that the attitude of the court may have changed since Bartkus and Abbate.
See Abraham v. Supreme Court of Bronx County, 37 N.Y.2d 560 (1975). See, e.g., State v. Tiche, 33 Conn. Sup. 51 (1976); State v. Castonguay, 240 A.2d 747 (Me. 1968); Stathes v. State, 29 Md. App. 474, 481 (1975), appeal dismissed, 429 U.S. 803 (1976); State v. Glover, 500 S.W.2d 271, 274 (Mo. App. 1973); State v. Pope, 190 Neb. 689 (1973); State v. Cooper, 54 N.J. 330 (1969); State v. Rogers, 90 N.M. 604 (1977); State v. Forbes, 348 So.2d 983, 988 (La. 1977). Owing, perhaps, to the sound exercise of discretion by prosecutors, this court has not had to decide squarely a jeopardy question where the Commonwealth has prosecuted an offense already tried in another competent jurisdiction.
In recent decisions this Court has adhered to the principle developed in the federal decisions by holding that, under the doctrine of double jeopardy, a subsequent prosecution by a different sovereign is constitutionally permissible under both Federal and State Constitutions. State v. Forbes, 348 So.2d 983 (La. 1977); State v. de la Beckwith, 344 So.2d 360 (La. 1977). Applying this principle to the instant case, the subsequent state prosecution of these defendants on a similar charge for which they were previously prosecuted in federal court did not place them twice in jeopardy for the same offense under the Federal and State Constitutions.
Accordingly, in this context, we find that her failure to provide information which was specifically requested, thereby concealing a possible ground for disqualification or challenge, is equivalent to a false statement. Cf. State v. Forbes, 348 So.2d 983 (La. 1977). When false statements are made by a juror on voir dire, it is discretionary with the trial court whether or not to order a mistrial.
Louisiana is one of approximately twenty-seven jurisdictions in the United States which recognize the general view that a state prosecution following a federal prosecution for criminal acts arising from the same transaction does not place the defendant in double jeopardy in violation of his constitutional rights since the federal and state governments are separate sovereigns, each of which may subject the defendant to punishment for an infraction of its own laws. In State v. Smith, 359 So.2d 160 (La. 1978) [citing State v. Forbes, 348 So.2d 983 (La. 1977); State v. de la Beckwith, 344 So.2d 360 (La. 1977)], the Louisiana Supreme Court restated its position that a subsequent state prosecution of defendants on a similar charge for which they were prosecuted in federal court is constitutionally permissible under both Federal and State Constitution. The court further held that the state prosecution was not barred by collateral estoppel: