in favorem vitae

it is a rule in criminal law in favorem vitae, in capital cases, that when a special plea in bar is found against the prisoner, either upon issue tried by a jury, or upon a point of law decided by the court, he shall not be concluded or convicted thereon, but shall have judgment of respondeat ouster, and may plead over to the felony the general issue, not guilty

LIBERTATIS, ET Innooentiae omnia praesumuntur. In favor of life, liberty, and innocence, all things are to be presumed. Lofft, 125. IN FEODO (Law Lat.) In fee. Bracton, fol. 207; Fleta, lib. 2, c. 64, § 15. Seisitiis in feodo, seised in fee. Fleta, lib. 3, e, 7, § 1. IN FICTIONE JURIS SEMPER AEQUItas existit. A legal fiction is always consistent with equity. 11 Coke, 51; Broom, Leg. Max. (3d London Ed.) 120, 123; 17 Johns. (N. Y.) 348; 3 Bl. Comm. 43, 283. IN FIERI (Lat.) In being done; In process of completion. A thing is said to rest in fieri when it is not yet complete; e. g., the records of a court were anciently held to be in fi^ri, or incomplete, till they were recorded on parchment, but now till the giving of judgment, after which they can be amended only during the same term. 2 Bam. & Adol. 791; 3 Sharswood, Bl. Comm. 407. It is also used of contracts.