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Description - The American and English Encyclopaedia of Law Volume 17 by David Shephard Garland

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...otiense Known to the Lew.--Thus, a second trial may be had without violating the doctrine of former jeopardy, where the indictment or information which formed the basis of the first trial described no offense known to the law." va.ria.noe.---And there has been no jeopardy where there was a material variance between the proof and the allegations of the indictment or information.3 But the rule is otherwise where the variance is immaterial.' Qnashal or Dismissal of Indictment.--A defendant is not in jeopardy where an invalid indictment or information is quashed or dismissed at any stage of the trial, and he may be again prosecuted for the same offense." But if the indictment or information is valid and is dismissed without the defendant's consent, after jeopardy has attached, he cannot again be prosecuted for the same offense.' Nelle Prosequi.---If an indictment is bad a nolleprasequi entered after the jury is impaneled and sworn will not bar another prosecution for the same offense." The rule is otherwise where the indictment is good." when a. Demllrret to an Indictment Ia Sustained the defendant is not put in jeopardy, but may be tried again for the same offense.' Conviction or Aoquittal on Defective Indictment.----A conviction' 01' acquittal" On 3. defective indictment, upon which any judgment would be reversible for error, will not put the defendant in jeopardy or bar another prosecution.' Acquittal under Er-roneous Decision that the Indictment Is Defective.---But where the indictment is in fact sufficient to sustain aconviction, and a verdict of acquittal is rendered under an erroneous decision of the court that it is not sufiicient, such acquittal will bar another prosecution...

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