 The true test by which the question, whether such a plea is a sufficient bar in any particular case may be tried, is whether the evidence necessary to support the second indictment would have been sufficient to procure a legal conviction upon the first.  Decisions of the Supreme Court of Mauritius - Page 64de Mauritius. Supreme Court - 1906Affichage du livre entier - À propos de ce livre
 | John Frederick Archbold - 1822 - 458 pages
...good bar to the indictment. The true test by which the question, whether such a plea is a , sufficient bar in any particular case, may be tried, is, whether...sufficient to procure a legal conviction upon the first. 1 Hrud. SfBing.\JZ. See this case, and tee 9 East, 437. Thus, an acquittal upon an indictment for burglary... | |
 | Henry John Stephen - 1834 - 518 pages
...which the question, whether such a plea is a sufficient bar in any particular case, may be determined, is, whether the evidence necessary to support the...sufficient to procure a legal conviction upon the first. — Arch. 82. Thus an acquittal for murder may be pleaded in bar, not only to a second indictment for... | |
 | Thomas Edlyne Tomlins - 1835 - 862 pages
...at large, 2 Hank. PC c. 35. The true test by which the question, whether such a plea is a sufficient bar in any particular case may be tried, is, whether...sufficient to procure a legal conviction upon the first. IB. $ B. 473. And see 9 East, 437 ; 2 C. # P. 634. Secondly, The plea of auterfoits convict, or a former... | |
 | Oliver Lorenzo Barbour - 1841 - 834 pages
...good bar to the indictment. The true test by which the question whether such a plea is a sufficient bar in any particular case, may be tried, is, whether...have been sufficient to procure a legal conviction on the first.(l) A trial and acquittal for robbery is a bar to an indictment for larceny t where the... | |
 | United States. Circuit Court (7th Circuit), John McLean - 1843 - 702 pages
...described. This objection cannot be sustained. The true test whether an acquittal could be pleaded is, whether the evidence necessary to support the...sufficient to procure a legal conviction upon the first. Rex v. Frances Clark, 1 Brad. & Ring. 473. Rex v. Sheen, 2 Car. & Payne 634. Rex v. Emden, 6 East.... | |
 | South Carolina. Court of Appeals, James Sanders Guignard Richardson - 1845 - 632 pages
...which to try the question whether the plea of autrefois acquit is sufficient in any particular case is, "whether the evidence necessary to support the...sufficient to procure a legal conviction upon the first ;" Archbold CP On the other indictment, it was necessary to prove the cow to be the property of John... | |
 | Herbert Broom - 1845 - 544 pages
...test by which to decide whether a plea of autrefois acquit is a sufficient bar in any particular case is, whether the evidence necessary to support the...sufficient to procure a legal conviction upon the first (e). General judg- Another case may be supposed in further illustration of Rex v. Vandercomb, 2 East,... | |
 | John Frederick Archbold - 1846 - 914 pages
...good bar to the indictment. The true test by which the question, whether such a plea is a sufficient bar in any particular case, may be tried, is, whether...sufficient to procure a legal conviction upon the first. R. t>. Clark, 1 B. & B. 473. See also R. v. Emden, 9 East,*437; R. v. Sheen, 2 C. & P. 634. Thus, an... | |
 | Sir Matthew Hale - 1847 - 764 pages
...Caines, 304. The true test by which the question, whether the plea of aulrtfiM acquit is a sufficient bar in any particular case, may be tried, is, whether...sufficient to procure a legal conviction upon the first Arch. CP 106, R. v. Clark, 1 B. ij B. 473; People v. Barrett, 1 Johns. 56; Com. v. Cunningham, 13 Mass.... | |
 | Sir Matthew Hale - 1847 - 760 pages
...Cnines, 304. The true test by which the question, whether the plea of autrtfnis acquit is a sufficient bar in any particular case, may be tried, is, whether...sufficient to procure a legal conviction upon the first Arch. CP 106, R. v. Clark, 1 B. if B. 473; People v. Barrett. 1 Johns. 56; Com.v. Cunningham, 13 Mass.... | |
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