AUTREFOIS CONVICT

Legal Dictionary -> AUTREFOIS CONVICT

AUTREFOIS CONVICT


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 ofthe same. 2. As a man once tried and acquitted of an offence is not again to beplaced in jeopardy for the same cause, so, a fortiori, if he has sufferedthe penalty due to his offence, his conviction ought to be a bar to a secondindictment for the same cause, least he should be punished twice for thesame crime. 2 Hale, 251; 4 Co, 394; 2 Leon,. 83. 3. The form of this plea is like that of autrefois acquit; (q.v.) itmust set out the former record, and show the identity of the offence and ofthe 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.

Terms of Use | Canadian Lawyers