Acquittal

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,