Autrefois Convict in United States
Autrefois Convict Definition
(Fr. formerly convicted). In criminal pleading. A plea made by a defendant indicted for a crime or misdemeanor, that he has formerly been tried and convicted of the same. This plea Is substantially the same in form as the plea of autrefois acquit, and is grounded on the same principle, viz., that no man’s life or liberty shall be twice put in jeopardy for the same offense. 1 Bish. Crim. Law, §§ 651-680; 1 Green (N, J.) 362; 1 McLean (U.S.) 429; 7 Ala. 610; 2 Swan (Tenn.) 493. A plea of autrefois convict which shows that the judgment on the former indictment has been reversed for an error in the judgment, is not a good bar to another indictment for the same offense. 3 Car. & K. 190. But a prior conviction by judgment before a justice of the peace, and a performance of the sentence pursuant to the judgment, constitute a bar to an indictment for the same offense, although the complaint on which the justice proceeded was so defective that his judgment might have been reversed for error. 3 Mete. (Mass.) 328; 8 Mete. (Mass.).532. See “Jeopardy.”
Autrefois Convict in Foreign Legal Encyclopedias
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Autrefois Convict | Autrefois Convict in the World Legal Encyclopedia. |
Autrefois Convict | Autrefois Convict in the European Legal Encyclopedia. |
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Autrefois Convict | Autrefois Convict in the UK Legal Encyclopedia. |
Autrefois Convict | Autrefois Convict in the Australian Legal Encyclopedia. |
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Legal Issue for Attorneys
(Fr. formerly convicted). In criminal pleading. A plea made by a defendant indicted for a crime or misdemeanor, that he has formerly been tried and convicted of the same. This plea Is substantially the same in form as the plea of autrefois acquit, and is grounded on the same principle, viz., that no man’s life or liberty shall be twice put in jeopardy for the same offense. 1 Bish. Crim. Law, §§ 651-680; 1 Green (N, J.) 362; 1 McLean (U.S.) 429; 7 Ala. 610; 2 Swan (Tenn.) 493. A plea of autrefois convict which shows that the judgment on the former indictment has been reversed for an error in the judgment, is not a good bar to another indictment for the same offense. 3 Car. & K. 190. But a prior conviction by judgment before a justice of the peace, and a performance of the sentence pursuant to the judgment, constitute a bar to an indictment for the same offense, although the complaint on which the justice proceeded was so defective that his judgment might have been reversed for error. 3 Mete. (Mass.) 328; 8 Mete. (Mass.).532. See “Jeopardy.”
Notice
This definition of Autrefois Convict is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.