AUTREFOIS CONVICT
\ˈɔːtɹɪfwˌɑː kˈɒnvɪkt], \ˈɔːtɹɪfwˌɑː kˈɒnvɪkt], \ˈɔː_t_ɹ_ɪ_f_w_ˌɑː k_ˈɒ_n_v_ɪ_k_t]\
Definitions of AUTREFOIS CONVICT
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Formerly convicted. In criminal law. A plea by a criminal in bar to an indictment that he has been formerly convicted of the same identical crime. 4 Bl. Comm. 336; 4 Steph. Comm. 404; Simco v. State, 9 Tex. App. 348; U. S. v. Olsen (D. C.) 57 Fed. 582; Shepherd v. People, 25 N. Y. 420.
By Henry Campbell Black
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Crim. law, pleading. A plea made by a defendant, indicted for a crime or misdemeanor, that he has formerly been tried and convicted of the same.
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As a man once tried and acquitted of an offence is not again to be placed in jeopardy for the same cause, so, a fortiori, if he has suffered the penalty due to his offence, his conviction ought to be a bar to a second indictment for the same cause, least he should be punished twice for the same crime. 2 Hale, 251; 4 Co, 394; 2 Leon,. 83.
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The form of this plea is like that of autrefois acquit; (q. v.) it must set out the former record, and show the identity of the offence and of the person by proper averments. Hawk. B. 2, c. 36; Stark. Cr. Pi. 363; Arcb. Cr, PI, 92; 1 Chit. Cr. Law, 462; 4 Bl. Com. 335; 11 Verm. R. 516.
By John Bouvier
Word of the day
tinctura quininae ammoniata
- A preparation made by dissolving quinin sulphate in alcohol [Br. Ph.].