Double Jeopardy (Same Offenses)

Assume the following:

Offense 1: Elements A, B, C

Offense 2: Elements A, B, C, D Double Jeopardy requires not trying defendant for the same offense twice. Are these the same offenses? Yes. It may seem not with D in offense 2, but not in offense 1. But in order to be separate offenses there must be an element in each that is not in the other. There is no element in offense 1 that is not in offense 2. Consider a Venn Diagram. A, B, and C would fall within the intersection of the diagram, D would fall within the portion of a circle that only includes offense 2, and nothing would fall within the portion of a circle that only includes offense 1. Nothing falling only in the offense 1 circle is the tell that these are the same offenses (for this purpose).