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Autrefois convict

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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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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
 
 
 
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