AUTREFOIS ACQUIT

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AUTREFOIS ACQUIT

AUTREFOIS ACQUIT, crim. law, pleading. A plea made by a defendant, indicted for a crime or misdemeanor, that he has formerly been tried and acquitted ofthe same offence. See a form of this plea in Arch. Cr. Pl. 90. 2. To be a bar, the acquittal must have been by trial, and by theverdict 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. Pl. 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 noperson shall be subject for the same offence to be put twice in jeopardy oflife or limb. Vide generally, 12 Serg. & Rawle, 389; Yelv. 205 a, note.

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