Autrefois

Formerly; heretofore. AUTREFOIS ACQUIT (Fr. formerly acquitted). A plea made by a defendant indicted for a crime, that he has formerly been tried and acquitted of the same offense. See "Jeopardy." AUTREFOIS ATTAINT (Fr. formerly attainted).

In criminal pleading. A plea that the defendant has been attainted for one felony, and cannot, therefore, be criminally prosecuted for another. 4 Bl. Comm. 336. Now obsolete. AUTREFOIS CONVICT (Fr. formerly convicted).

In criminal pleading. A plea made by a defendant indicted for a crime or misdemeanor, that he has formerly been tried and convicted of the same. This plea Is substantially the same in form as the plea of autrefois acquit, and is grounded on the same principle, viz., that no man's life or liberty shall be twice put in jeopardy for the same offense. 1 Bish. Crim. Law, §§ 651-680; 1 Green (N, J.) 362; 1 Mc Lean (U. S.) 429; 7 Ala. 610; 2 Swan (Tenn.) 493. A plea of autrefois convict which shows that the judgment on the former indictment has been reversed for an error in the judgment, is not a good bar to another indictment for the same offense. 3 Car. & K. 190. But a prior conviction by judgment before a justice of the peace, and a performance of the sentence pursuant to the judgment, constitute a bar to an indictment for the same offense, although the complaint on which the justice proceeded was so defective that his judgment might have been reversed for error. 3 Mete. (Mass.) 328; 8 Mete. (Mass.).532. See "Jeopardy." AUXILIA AD FILIUM MILITEM FAciendum vel ad filiam maritandam. Aids to make the lord's son a knight, or to marry AUXILIUM (Lat.) An aid; tribute or services paid by the tenant to his lord.

Jj. Fr. At another time; formerly; before; heretofore.

— Autrefois acquit. In criminal law. Formerly acquitted. The name of a plea in bar to a criminal action, stating that the defendant has been once already indicted and tried for the same alleged offense and has been acquitted. Simco v. State, 9 Tex. App. 348; U. S. v. Gibert, 25 Fed. Cas. 1,294.

— Autrefois attaint. In criminal law. Formerly attainted. A plea that the defendant has already been attainted for one felony, and therefore cannot be criminally prosecuted for another. 4 Bl. Comm. 336.

— Autrefois convict. Formerly convicted. In criminal law. A plea by a criminal in bar to an indictment that he has been formerly convicted of the same identical crime. 4 Bl. Comm. 336 ; 4 Steph. Comm. 404; Simco v. State, 9 Ter. App. 348; U. S v. Olsen (D. Ct) 57 Fed. 582; Shepherd v. People, 25 N. Y. 420.

autrefoits, auterfoitz, autrefez, I. fr. At another time; formerly; before. Autrefois acquit: formerly acquitted; a plea of former acquittal on an indictment for the same offense. Autrefois attaint: formerly attainted; a plea of former attainder in bar to an indictment. Autrefois convict: formerly convicted; a plea of former conviction on an indictment for the same offense.

At another time; formerly; before; heretofore.

Another time; formerly. Autrefois acquit. Formerly acquitted. Autrefois convict. Formerly convicted. Pleas in bar of a second indictment for an offense of which the accused has already been acquitted or convicted. See further Acquittal; Conviction, Former.

Autrefoits, Autrefez. L. Fr. At another time; formerly; before; heretofore. See infra. Autrefois acquit. L. Fr. (Formerly acquitted.)

In criminal law. A plea by a criminal to an indictment that he has been formerly acquitted on an indictment for the same offence. It being a maxim of the common law, that no man is to be brought into jeopardy more than once for the same offence, it is allowed as a consequence, that when a man is once fairly found not guilty upon any indictment or other prosecution, before any court having competent jurisdiction of the offence, he may plead such acquittal in bar of any subsequent accusation for the same crime. 4 Chitt. Bl. Com. 335, and notes. 4 Steph. Com. 404, and note (r). 1 Chitt. Crim. Law, 452—460. 1 Russell on Crimes, 831. Wharton's Am. Crim. Law, 136—146. U. S. Digest, Autrefois acquit, and Autrefois convict. Autrefois convict. L. Fr. (Formerly convicted.)

In criminal law. A plea by a criminal in bar to an indictment, that he has been formerly convicted of the same identical crime. 4 Chitt. Bl. Com. 336. 4 Steph. Com. 404. 1 Chitt. Crim. Law, 462. See Autrefois acquit. Autrefois attaint. L. Fr. (Formerly attainted.)

In English criminal law. A plea of former attainder, in bar to an indictment. 4 Bl. Com. 336. 4 Steph. Com. 405, 6. AUTRE or AUTER VIE. L. Fr. Another's life. A person holding an estate for or during the life of another is called a tenant pur autre vie, or pur terme d'auter vie. Litt. sect. 56. 2 Bl. Com. 120.

is a French word, signifying, formerly, at another time; and is usually applied to signify that something was done formerly, as autrefuis acquit, autrefvis convict, &c.