 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...  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 345by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, John Walcott Thompson, Joseph M. Tanner, George L. Nye, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1884Full view - About this book
 | William Mack, William Benjamin Hale - 1918 - 1426 pages
...common,37 or that they are similar, where they are not in fact the same.38 The test is not whether defendant has already been tried for the same act,...but whether he has been put in jeopardy for the same offense.39 The term "same offense," however, does not signify the same offense eo nomine, but the same... | |
 | Virginia - 1919 - 1854 pages
...of former jeopardy is "not whether 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, and if each statute requires proof of an additi al fact which the other does not, an acquittal or conviction... | |
 | 1921 - 1116 pages
...second jeopardy for the same offense. Gnvieres v. US, 220 US 338, 31 Sup. Ct. 421, 55 L. Ed. 489. "Thp test is not whether the defendant has already been...act may be an offense against two statutes; and if each statute requires proof of an additional fart which the other does not, an acquittal or conviction... | |
 | United States. Supreme Court - 1921 - 1160 pages
...they may be connected in fact Com. v. Roby, 12 Pick. 504; State v. Nash, 86 NC 651, 41 Am. Rep. 472. The test is not whether the defendant has already...been tried for the same act, but whether he has been pot in jeopardy for the same offense. A single act may be an offense against two statutes. Могеу... | |
 | United States - 1921 - 922 pages
...bar to a subsequent conviction or sentence under another depends, not on whether defendant has beon tried for the same act, but whether he has been put in jeopardy for the identical offense. Ryan ». US (CCA 1914), 210 Fed. 13. Sufficiency of facts charged in second prosecution... | |
 | 1922 - 956 pages
...subsequent conviction and sentence upon another, unless the evidence required to support a conviction upon one of them would have been sufficient to warrant...whether the defendant has already been tried for the : ;unc act, but whether he has been put in jeopardy for the same offense." The Massachusetts case was... | |
 | Rollin Morris Perkins - 1923 - 594 pages
...other acts remains in the case, and as said in VS v. Harmison, Fed. Cas. No. 15,308 (3 Sawy. 556), the test is not whether the defendant has already...he has been put in jeopardy for the same offense. That defendant was in jeopardy as to every act of sexual intercourse between him and the prosecutrix... | |
 | 1927 - 1150 pages
...Ed. 489, the court quoted from the opinion of Judge Gray in Morey v. Commonwealth, 108 Mass. 433 : "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... | |
 | 1925 - 1118 pages
...subsequent conviction and sentence upon another, unless the evidence required to support a conviction upon one of them would have been sufficient to warrant...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... | |
 | United States. Supreme Court - 1926 - 892 pages
...conviction upon thother. The test is not whether the defend ant has already been tried for the same avt. but whether he has been put in jeopardy for the same offense. A single act may be an ollense against two statutes; and if each statute requires proof of an additional fact which the other... | |
| |
