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A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839

A Law Dictionary, Adapted to the Constitution and Laws of the United States

crim. law, pleading, is a plea made by a defendant indicted for a crime or misdemeanor, that he has formerly been tried and acquitted of the same offence. Sec a form of this plea in Arch. Cr. Pl. 90. To be a bar, the acquittal must have been by trial, and by the verdict of a jury on a valid indictment.

Hawk. B. 2,c. 35, s. 1; 4 Bl. Com. 335.

There must be an acquittal of the offence charged in law and in fact.

Stark. Cr. Pl. 355; 2 Swift’s Dig. 400; 1 Chit. Cr. Law, 452; 2 Russ. on Cr. 41.

The shall be subject for the same offence to be twice put in jeopardy of life or limb.

Vide, generally, 12 Serg. & Rawle, 389;. Yelv. 205, a, note.