Same
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
The word same does not always mean identical, not different or other. It frequently means of the kind or species, not the specific thing.
Crapo v. Brown, 40 Imoa, 487, 493.
A contract between the owner of a farm and his tenants for stocking and carrying on the same, which stipulated that the proceeds and stock should be divided at the end they put in," and return to the landlord the " stock, tools, hay, and grain belonging to " him, keeping the tools in repair, was construed to mean, not the identical articles received, but stock, &c., of the same kind, description, and value, in Brockway v. Rowley, 66 lU.
99.
Same offence
In the fifth amendment to the United States constitution, means one whicli is the same botli in law and in fact. If an act is made an offence by the articles of war, and also by the criminal law, the perpetrator is not exempt from indictment because he has been tried and acquitted by court-martial. The act is the same, but the offence is not.
United States V. Cashiel, 1 Hugh. 552.