Jeopardy

Peril; danger.

See Baldw. (U. S.) 93.

The usual technical use of the term is in connection with the rule of criminal law, that no person shall be twice put in jeopardy for the same offense. Const. U. S. art. 5, Amend. A person is "in jeopardy," within this rule, when a trial jury is impanelled and sworn to try his case (83 Ind. 331; 18 N. Y. 128; 105 Pa. St. 1) upon issue joined (111 Ind. 47) by plea to a valid indictment (105 Mass. 53; 5 Md. 82) in a court of competent jurisdiction (7 Mich. 162; 48 N. J. Law, 371), and the jury has been charged with his deliverance (23 Pa. St. 12; 2 Kelly [Ga.] 60). Where the practice of charging the jury with the deliverance of the prisoner at the outset does not obtain, jeopardy attaches when the jury is sworn. There are some holdings that jeopardy does not attach till after verdict.

5 Litt. (Ky.) 137; 1 Walk. (Miss.) 134.