AUTREFOIS CONVICT
(bouvier) | 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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