 A single act may be an offense against two statutes, and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under...  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 276by Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Richard W. Cooper, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner - 1922Full view - About this book
 | 1890 - 542 pages
...support a conviction upon one of them would have been sufficient to warrant a conviction upon the other. The test is not whether the defendant has already been tried for the same act, but whether be has been put in jeopardy for the same offense. A single act may be an offense against two statutes;... | |
 | 1874 - 844 pages
...Although proof of one particular fact is necessary to a conviction under either oí two statutes, yet if each statute requires proof of an additional fact...does not, an acquittal or conviction under either is no bar to the prosecution and punishment under the other: Morey v. Commonwealth, 108 Mass., 433.... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1884 - 550 pages
...support an indictment upon one of them would have been sufficient to warrant a conviction upon the other. The test is not whether the defendant has already...act may be an offense against two statutes; and if the statute requires proof of an additional fact, which the other does not, an acquittal does not exempt... | |
 | 1921 - 1056 pages
...support a conviction upon one of them would have been sufficient to warrant a conviction upon the other. The test is not whether the defendant has already...does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other." See, also,... | |
 | 1902 - 988 pages
...support a conviction upon one of them would have been sufficient to warrant a conviction upon the other. The test is not whether the defendant has already...does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other." The sentence,... | |
 | 1915 - 600 pages
...support a conviction upon one of them would have been sufficient to warrant a conviction upon the other. The test is not whether the defendant has already...does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other." In State v.... | |
 | 1884 - 880 pages
...already been tried for the same -et, but whether he has been put in jeopardy for tht> same offence. A single act may be an offense against two statutes;...other does not an acquittal or conviction under either statute does not 'sempt the defendant from prosecution and punishment under '¿\e other:" Gray, J.,... | |
 | 1884 - 1342 pages
...The plea of a former conviction must be upon a prosecution for the same identical offense. The lest is not whether the defendant has already been tried...he has been put in jeopardy for the same offense. The same principle which assures to a witness the privilege of an explanation when contradictory declarations... | |
| |
