Acquittal

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.