 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1922 - 836 pages
...is no second jeopardy for the same offense. Gavieres v. United States, 220 US 338 (31 Sup. Ct. 421). "The test is not whether the defendant has already...he has been put in jeopardy for the same offense. A single act may be an offense against two statutes ; and if each statute requires proof of an additional... | |
 | 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;... | |
 | 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...he has been put in jeopardy for the same offense. A single act may be an offense against two statutes; and if the statute requires proof of an additional... | |
 | 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...he has been put in jeopardy for the same offense. A single act may be an offense against two statutes, and If each statute requires proof of an additional... | |
 | 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...he has been put in jeopardy for the same offense. A single act may be an offense against two statutes; and if each statute requires proof of an additional... | |
 | 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...he has been put in jeopardy for the same offense. A single act may be an offense against two statutes ; and if each statute requires proof of an additional... | |
 | 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... | |
 | 1889 - 1028 pages
...same identical crime. A single act may bean offense against two statutes, and the test is not whether defendant has already been tried for the same act,...he has been put in jeopardy for the same offense. State v. Stewart, (Or.) 4 Рас. Rep. 13S. lu general, us to what will support a plea of former jeopardy,... | |
 | 1888 - 1006 pages
...but for an entirely different of1 The sufficiency of the plea of former jeopardy depends, not upon whether the defendant has already been tried for the same act, but upon whether he has been tried for the same offense. State v. Stewart, (Or.) 4 Рас. Rep. 128. The... | |
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The test is not, whether the defendant has already been tried for the same act, but whether he has been put in jeopardy for the same offense. 
