acquittal

We interpret the acquittal as no more than their assumption of a power which they had no right to exercise, but to which they were disposed through lenity.

In Contracts. A release or discharge from an obligation or engagement. 26 Wend. (N. Y.) 283. According to Lord Coke, there are three kinds of acquittal, namely, by deed, when the party releases the obligation; by prescription; by tenure. Co. Litt. 100a. In Criminal Practice. The absolution of a party charged with a crime or misdemeanor. The absolution of a party accused on a trial before a traverse jury. 1 Nott & McC. (S. C.) 36; 3 Mc Cord (S. C.) 461. Acquittals in fact are those which take place when the jury, upon trial, finds a verdict of not guilty. Acquittals in law are those which take place by mere operation of law; as where a man has been charged merely as an accessary, and the principal has been acquitted. 2 Inst. 364. Effect on subsequent prosecution, see "Jeopardy."

A release or discharge from an obligation. The absolution of a party charged with a crime or misdemeanor. The absolution of a party accused on a trial before a traverse jury. Shackleford v. Smith, 1 Nott & McC. (S. C.) 36; Teague v. Wilks, 3 McCord (S. C.) 461. Though frequently expressed as "by the jury," it is in fact by the judgment of the court; 7 M. & G. 481. Acquittals in fact are those which take place when the jury, upon trial, finds a verdict of not guilty. Acquittals in law are those which take place by mere operation of law; as where a man has been charged merely as an accessary, and the principal has been acquitted. Coke, 2 Inst. 364. An acquittal is a bar to any future prosecution for the offence alleged in the first indictment. If accused is placed upon trial under a valid indictment before a legal jury, and the latter is discharged by the court without good cause and without defendant's consent, it is equivalent to an acquittal; State v. Walker, 26 Ind. 346; Mount v. State, 14 Ohio 295, 45 Am. Dec. 542; Klock v. People, 2 Parker Cr. R. (N. Y.) 676. There may be an acquittal by reason of a discharge without a trial on the merits; Junction City v. Keeffe, 40 Kan. 275, 19 Pac. 735. Acquittal discharges from guilt, pardon only from punishment; Younger v. State, 2 W. Va. 579, 98 Am. Dec. 791. When a prisoner has been acquitted, he becomes competent to testify either for the government or for his former co-defendants; 7 Cox, Cr. Cas. 341. And it is clear, that where a married defendant is entirely removed from the record by a verdict pronounced in his favor, his wife may testify either for or against any other persons who may be parties to the record; 12 M. & W. 49; 8 Carr. & P. 284. See Jeopardy; Autrefois Acquit; Autrefois Convict.

In contracts. A release, absolution or discharge from an obligation, liability or engagement.

In criminal practice. The legal and formal certification of the innocence of a person who has been charged with crime; a deliverance or setting free a person from a charge of gulit In a narrow sense, it is the absolution of a party accused on a trini before a traverse jury. Thomas v. De Graffenreid, 2 Nott & MeC. (S. Ct) 143; Teague v. Wiiks, 3 McCord (S. C.) 46L Properly speaking, however, one is not acquitted by the jury but by the judgment of the court. Burgess v. Boetefeur, 7 Man. & G. 481, 504; People v. Lyman, 53 App. Div. 470, 65 N. Y. Supp. 1062. And he may be legally acquitted by a judgment rendered otherwise than in pursuance of a verdict, as where he is discharged by a magistrate because of the insufficiency of the evidence, or the indictment is dismissed by the court or a nol. pros, entered. Junction City v. Keeffe, 40 Kan. 275, 19 Pac. 735; People v. Lyman, 53 App. Div. 470, 65 N. Y. Supp. 1062; Lee v. State, 26 Ark. 260, 7 Am. Rep. 611; Morgan County v. Johnson, 81 Ind. 463. But compare Wilson v. Com., 3 Bush (Ky.) 105; State v. Champeau, 52 Vt. 813, 315, 36 Am. Rep. 754. Acquittals in fact are those which take place when the jury, upon trial, finds a verdict of not guilty. Acquittals in law are those which take place by mere operation of law; as where a man bas been charged merely as an accessary, and the principal has been acquitted. 2 Co. Inst. 364.

In feudal law. The obligation on the part of a mesne lord to protect his tenant from any claims, entries, or molestations by lords paramount arising out of the services due to them by the mesne lord. See Co. Litt. 100a.

A judicial deliverance from an accusation. Acquittal in fact: a verdict of not guilty. Acquittal in law: a discharge by operation of la^, as of an accessary by acquittal of the principal.

In old English law. An exemption from entry and molestation by a superior lord, for services issuing out of lands.

Incoltracts. A release, absolution, or discharge from an obligation, liability, or engagement.

In eriminal practice. The legal and formal certification of the innocence of a person who has been charged with crime; a deliverance or getting free a person from a charge of guilt, The abselution of a party accused ona trial before atraverse jury. 1 Nott & McC. 36; 3 Mc Cord, 461. Acguittals in fact are those which take place when the jury, upon trial, finds s verdict of not guilty. Acquittals tn law are those which take place by mere operation of law; as where a man has been charged merely as an accessary, and the principal has been acquitted. 2 Co. Inst. 364.

In feudal law. The obligation on the part of a mesne lord to protect his tenant from any claims, entries, or molestations by lords paramount arising out of the services due to them by the mesne lord. See Co. Litt. 100d.; an obligation to pay money or perform a duty. lt differs from a release in not requiring to ba under seal, This word, though perhaps not strictly speaking synonymous with “receipt,” ineludesit. A receipt is one form vf an acquittance; a discharge is another. A receipt in full is an acquittance, anda receipt fora part of a demand or obligation is an acquittance pio tanto. 51 Vt. 104.

Setting free; deliverance from a charge or suspicion of guilt; the act or action of a jury in finding that a person accused of a crime is not guilty., Acquitted. " Set free or judicially discharged from an accusation; released from a debt, duty, obligation, charge, or suspicion of guilt." 6 Eefers to both civil and criminal prosecutions." Acquittal in fact. A verdict of not guilty. Acquittal in law. A discharge by operation of law; as, where one is held as an accessary and the principal is acquitted.'' Former acquittal. An acquittal in a former prosecution. When the facts constitute but one offense, though divisible into parts, a final judgment on a charge of one part bars a prosecution for another part. When the facts constitute two or more offenses wherein the lesser is necessarily involved in the greater, and the facts necessary to convict on a secbnd prosecution would necessarily have convicted on the first, then the first judgment bars another prosecution.^ The greater includes the lesser crime.* Compare Conviction, Foriner. 1 [8 Kent, 355, 386.] = Allen V. Ferguson, 18 Wall. 4 (1873). = Irvine v. Irvine, 9 Wall. 635 (1869). * See Loomis v. Davenport, &c. E. Co., 17 F. R. 305 (1888); 1 Jones, Mortg. § 15^'. See generally Babcock V. Jones, 15 Kan. 301 (1875), cases; 21 Cent. L. J. 500-3 (1885), cases. » See 4 Bl. Com. 335. « Do Uoway v. Turrill, 26 Wend. 400 (1841): Webster. » [2 Coke Inst. 364.] 'State V. Elder, 65 Ind. 886-86 (1879), cases; 58 N. H,

Acquital. A judicial deliverance from an accusation of guilt; a deliverance or setting free from a cnminal charge by the process of a trial at law, and the verdict of a jury, pronouncmg the party not guilty.* 4 Bl Com. 361. 1 Nev. <t Man. 36. See Acquietatus. Exemption from entry and molestation by a superior lord, for services issuing out of lands. Co. Litt. 100 a, Cowell. See Acguietantia.