AUTREFOIS ACQUIT,
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.
2.
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.
3.
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.
AUTREFOIS ATTAINT, crim. law. Formerly attainted.
2.
This is a good plea in bar, where a second trial would be quite
superfluous. Co. Litt. 390 b, note 2; 4 Bl. Com. 336. Where, therefore,
any advantage either to public justice, or private individuals, would
arise from a second prosecution, the plea will not prevent it; as where
the criminal is indicted for treason after an attainder of felony, in
which case the punishment will be more severe and more extensive. 3
Chit. Cr. Law, 464.
AUTREFOIS CONVICT,
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.
2.
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.
3.
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.
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