Jeopakdy

' Hazard; danger; peril.* 1. The act of March 3, 1825, § 22, prescribes additional punishment for any person who, in robbing the mail, puts the life of the carrier in jeopardy by the use of a dangerous weapon. Held, that if the carrier's life is in danger, or if he has a well-grounded fear for his life, from a threat to use a weapon, his life is put in jeopardy, provided a robbery is committed.'' 2. " Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb." '" The constitutions of the several States contain a like provision. "Jeopardy of life or limb" originally referred to trial by battel," g. -u. ' See 4B1. Com. 869; Law Mag. & E., May, 1883; Great Law of Pa. (1683): Linn, 120. 2 See United States v. Knight, 14 Pet. 312, 314 (1840). ' Fagan v. Mayor of New York, 84 N. T. 352 (1881). • J6f'-fal. F. j'ai failli, I have erred, failed. » [3 Bl. Com. 407. •4 Bl. Com. 375, 439; 3 id. 407. See Wilder?). Oilman, 55 Vt. 504 (1883). ' F. j'ai perdu, I have lost; jeu perdu, a lost game, OTJeu parti, a divided game: of equal chance; hence, risk, peril,

— Skeat. 6 See United States v. Gibert, 2 Sumn. 38-62(1834), cases, Story, J.; 4 Wash. 402; 44 Wis. 2S7. » E, S. § 5472; United States v. Wilson, Baldw. 98 (18.30). i» Constitution, Amd. V. Eatifted, Dec. 15, 1791. 28 Pa. 16 (1853), " Jeopardy " has, in the Constitution, its technical common-law sense; it applies only to strictly criminal prosecutions. There is no case where a conviction has been held a bar to a citU action for damages.' A person is in legal jeopardy when put upon trial before a court of competent jurisdiction, under au indictment or information sufilcient in form and substance to sustain A conviction, and a jury has been charged with his deliverance — that is, empanelled and sworn. ^ A prisoner is in jeopardy when a jury has been empanelled and sworn to try him upon a capital charge. 3 The discharge ol the jury without the prisoner's consent, after it has been sworn, is allowable only in a. case of absolute necessity; if made without such necessity, it will operate as an acquittal.^ The provision, properly interpreted, refers only to treason and felonies; but it is made to include misdemeanors. It does not extend to proceedings for the recovery of penalties, nor to apjilication for sureties of the peace.* A prisoner who is indicted for murder, convicted of murder in the second degree, and granted a new trial, cannot, on the second trial, be convicted of a higher crime than murder in the second degree.^ Where a new trial is granted to one found guilty of manslaughter under an indictment for mm'der, he may again be tried for murder.* See further Conviction, Former; Punished, Twice; Vexation. JETTISON", or JETSAM.' Any throwing overboard; a throwing overboard for the preservation of ship and cargo; also, to oast overboard.8 Sometimes designated as jactus or the jactus. Jetsam is where goods, cast into the sea, sink and remain under water." Opposed, flotsam, ligan. See further AvEEAGB, General; Wreck. ' See United States v. Gibert, ante. 2 Cooley, Const. Lim. 327-88, cases. s Hilands v. Commonwealth, 111 Pa. 4 (1886), cases, Mercur, C. J. See also People v. Horn, 70 Cal. IB (1886); 24 Cent. Law J. 563 (1887), cases; 18 id. 43-45, 63-65 (1884), cases; 17 Am. Law Rev. 735-63 (18B3), cases; 4 Or. Law Mag. 31-38, 487-508 (1883), cases; 71 Ala. 309; 88 Cal. 467; 41 id. 211; 48 id. 324, 331; 59 id. 359; 1 Idaho, 763; 5lnd. 290; 13 id. 215; 14 id. 39; 26 id. 366; 69 Iowa, 473; 78 Ky. 96; 1 Gray, 490; 105 Mass. 189; 88 Me. 574, B86; 23 Pa. 12; 12 Vt. 93; L. E., 1 Q. B., 289; 2 Benn. & H., Ld. Cr. Cas. 337. * 1 Bish. Cr. L. § 990. » State V. Belden, 33 Wis. 120, 124 (1873), cases; 1 Bish. Cr. L. § 849; Cooley, Const. Lim. 328. Contra, State v. Behimer, 20 Ohio St. 572 (1870); State v. Mc Cord, 8 Kan. ml (1871), cases; United States v. Harding, 1 Wall. Jr. 187 (1846). • Commonwealth v. Arnold, 83 Ky. 11 (1886), cases. ' O. F. Jett-er, to throw; -son, together. L. jactus, thrown. s Butler v. Wildman, 3 B. & Al. 236 (1820). » 1 Bl. Com. 292; 1 Story, Eq. § 490; 3 Kent, 185; Gib-