 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.  The Northeastern Reporter - Page 1141906Full view - About this book
 | 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...have been 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... | |
 | 1851 - 670 pages
...88, 9th ed. it is said, " The true test by which the question, whether such a plea be a sufficient bar in any particular case, may be tried is, whether...sufficient to procure a legal conviction on the first." In the judgment in VandercomV s case (20), the principle is stated thus : " Unless the first indictment... | |
 | 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...have been 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... | |
 | 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...have been 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... | |
 | 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...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 f where the property... | |
 | 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...have been sufficient to procure a legal conviction upon the first (e). General judg- Another case may be supposed in further illustration of meat. Rex... | |
 | 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...have been 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... | |
 | 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...have been sufficient to procure a legal conviction upon the first. R. ». Clark, 1 B. & B. 473. See also R. v. Emden, 9 East*37; R. v. Sheen, 2 C. & P.... | |
 | Sir Matthew Hale - 1847 - 764 pages
...Caines, 304. The true lest by which the question, whether the plea ofaatrefuit acquit is a sufficient bar in any particular case, may be tried, is, whether...have been sufficient to procure a legal conviction upon the first. Arch. CP 106, R. v. Clark, 1 B. S; B. 473 ; People v. Barrett, 1 Johnt. 56 ; Com. v.... | |
 | Great Britain. Court of Criminal Appeal - 1852 - 692 pages
...which inquiry he was acquitted. The test whether such a plea is a bar, as laid down in Arch. CP (b) is, whether the evidence necessary to support the...have been sufficient to procure a legal conviction upon the first. This however must be taken with some qualification. He then referred to Rex v. Vandercomb... | |
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