State v. Burris

Decided December 15, 1848

Texas Supreme Court · decided 1848-12-15

<p>A verdict of “not guilty,” in a prosecution for a criminal offense, puts a final termination to the prosecution. There can neither be a new trial nor an appeal in such a case.</p>

Cited in Bouvier (1914)’s definition of “Autopsy”

Good law ✅— No negative treatment on recordhow we know

Decided 1848-12-15

How this case has been cited

Cited by 3 later decisions (1 by the Supreme Court) — most recently June 1981

2 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hr. Justice Wheeler

¶1delivered the opinion of the court.

¶2The appellee was put upon his trial upon an indictment for counterfeiting. The jury returned a verdict of “not guilty;” the prisoner was discharged, and the case is brought up by appeal on behalf of the state.

¶3A verdict of “not guilty” puts a final termination tó a criminal prosecution. After that verdict, the constitution and laws forbid that the party shall be again put in jeopardy for the same offense. The state can pursue him no further upon the same charge, either by ah application for a new trial or by an appeal. [Const, art. I, sec. 12; and art. 1Y, sec. 3.]

¶4The appeal must be dismissed.