In this thread, I asked Beryl_mooncalf a question which he or she dodged and ultimately refused to answer, suggesting that it was a hijack.
Which, I’m prepared to concede, it was, although tangentially relevant to the OP. But, given Beryl_Mooncalf’s admirable fidelity to strict thread subject-sticking, as it were, I am happy to pose the question again here.
As a matter of criminal law, Beryl_Mooncalf, please discuss the appropriate analysis and relevant case law, if any, for the following situation:
I, the legislature, create two crimes: mopery and dopery.
My law reads as follows:
A person is guilty of mopery when, from the hours of 10 PM to 6 AM, creeps in a furtive manner on a public street, wearing substantially dark clothing.
A person is guilty of dopery when he creeps in a furtive manner on a public street, wearing substantially dark clothing.
You are indicted for mopery, tried, and acquitted. You are then re-indicted, based on the same act, for dopery.
I would appreciate it if Beryl_Mooncalf, and no one else, takes a stab at this first.