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Autrefois acquit

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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 of the 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 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. 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 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; Yelv. 205 a, note.
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34) Specifically, the principle was incorporated through the common law pleas of autrefois acquit (otherwise acquitted) and autrefois convict (otherwise convicted).
Not Twice for the Same: How the Dual Sovereignty Doctrine is Used to ... by Lopez, Dax Eric / Vanderbilt Journal of Transnational Law
At common law, the double jeopardy idea encompassed two basic pleas in bar, prior acquittal and prior conviction--in law French, autrefois acquit de meme felonie and autrefois convict de meme felonie.
Double jeopardy law made simple by Amar, Akhil Reed / Yale Law Journal
His lawyer also persevered, however, and Kizzie won the benefit of what for humans is called autrefois acquit, or the Americans might call the double jeopardy rule, and the courts barred further proceedings against Kizzie on the same complaint.
"Paws up! You're under arrest! (the law and pets) by Watson, Jack / LawNow
 
 
 
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