¶1The record in this case show an information, a plea of former acquittal in bar, a demurrer to the plea, the demurrer overruled, trial, conviction and sentence. The pica of former acquittal shows no verdict, but it shows that a jury was empanelled, and that the prosecution went into proofs by witnesses until they rested their case. Under all the authorities this entitled defendant to a verdict one way or the other, and if the jury was discharged without verdict and without any overruling necessity, this was a final discharge of the accused. If any reason existed that should give the discharge of the jury any different effect in the case, it should have been presented by replication. This was not done, but the prosecution left the case to stand upon the plea. As that was sufficient in substance, the judgment must be reversed and the prisoner discharged.
48 Mich. 554
People v. Jones
Decided June 21, 1882
Michigan Supreme Court · decided 1882-06-21
<p>Autrefois acquit — Discha/rge of jury without verdict.</p> <p>A plea of former acquittal is prima facie sufficient if it shows that a jury-had been empanelled, and that the prosecution went into proofs by witnesses until they rested their case. This would entitle defendant to a verdict for or against him, and a discharge of the jury without a verdict would discharge the respondent unless there was some overruling necessity, and if there had been, it should be set up by ' replication to the plea.</p>
Key passage — most relied on by later courts
““ Under all the authorities this entitled the defendant to a verdict one way or the other, and if the jury was discharged without verdict and without any overruling necessity this was a final discharge of the accused.””
quoted by 1 later decision, including People v. Parker
Good law ✅— No negative treatment on recordhow we know
Reversed · Decided 1882-06-21
How this case has been cited
Cited by 10 later decisions — most recently October 1954
10 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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