AUTREFOIS ACQUIT
\ˈɔːtɹɪfwˌɑːɹ ɐkwˈɪt], \ˈɔːtɹɪfwˌɑːɹ ɐkwˈɪt], \ˈɔː_t_ɹ_ɪ_f_w_ˌɑː_ɹ ɐ_k_w_ˈɪ_t]\
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In criminal law. Formerly acquitted. The name of a plea in bar to a criminal action, stating that the defendant has been once already indicted and tried for the same alleged offense and has been acquitted. Simco v. State, 9 Tex. App. 34S; U. S. v. Gibert, 25 Fed. Cas. 1,294.
By Henry Campbell Black
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Crim. law, pleading. A plea made by a defendant, indicted for a crime or misdemeaner, that he has formerly been tried and acquitted of the same offence. See a form of this plea in Arch. Cr. PI. 90.
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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. 25, s. 1; 4 Bl. Com. 335. There must be an acquittal of the offence charged in law and in fact. Stark. PI. 355; 2 Swift's Dig. 400 1 Chit. Cr. Law, 452; 2 Russ. on Cr. 41.
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The Constitution of the U. S., Amend. Art. 5, provides that no person shall be subject for the same offence to be put twice in jeopardy of life or limb. Vide generally, 12 Serg. & Rawle, 389; YeIv. 205 a, note.
By John Bouvier
