Acquittal - Judgment Search Results

United States Vs. Scott

Court: US Supreme Court

..... policy equally fundamental the decision today indefensibly adopts an overly restrictive definition of acquittal its definition moreover in sharp contrast to the rule of jenkins is incapable ..... does not necessarily establish the criminal defendant s lack of criminal culpability the acquittal may result from erroneous evidentiary rulings or erroneous interpretations of governing legal principles .....

Burks Vs. United States

Court: US Supreme Court

..... argues the appellate reversal was the operative equivalent of a district court s judgment of acquittal entered either before or after verdict petitioner points out however that had the district court ..... 2106 because under that statute we would no doubt be justified in refusing to order acquittal even where the evidence might be deemed palpably insufficient particularly since petitioners have asked in .....

Sanabria Vs. United States

Court: US Supreme Court

..... argument that these are discrete bases of liability warranting reprosecution following a final judgment of acquittal on one such discrete basis is quite similar to an unsuccessful argument that it ..... petitioner went to judgment on that offense where a trial terminates with a judgment of acquittal as here double jeopardy principles governing the permissibility of retrial after a declaration of .....

Swisher Vs. Brady

Court: US Supreme Court

..... s 784 the constitutional protection against double jeopardy unequivocally prohibits a second trial following an acquittal the public interest in the finality of criminal judgments is so strong that an ..... adjudication in all other respects his proposed finding of nondelinquency is fully equivalent to an acquittal after a plenary adjudicatory hearing he makes a resolution correct or not of some .....

Suchana Roy and ors. Vs. Paresh Kr. Ray

Court: Kolkata

Reported in: 1978CriLJ555

..... or in other words means that the proceedings in which the acquittal was passed were in the natureof a trial his lordship found ..... which relates to complaint to magistrate whereas section 255 dealing with acquittal or conviction is included in a group of sections comprised in ..... by a magistrate is therefore quite different from an order of acquittal by a magistrate in a summons case the cr pc has .....

Rajendra Singh Yadav Vs. Chandra Sen and ors.

Court: Supreme Court of India

Reported in: AIR1979SC882; (1979)4SCC111; 1978(10)LC862(SC)

..... found the case of the prosecution proved although it confirmed the acquittal of quite a few the convicted accused 12 in number ..... of innocence in his favour is reinforced by the factum of acquittal if this reinforced innocence is not only reversed in appeal ..... flaw has been discovered by appellate judges leading to a total acquittal although even counsel might not have suspected any lurking lethal .....

State Vs. Des Raj and ors.

Court: Jammu and Kashmir

Reported in: 1979CriLJ558

..... disbelieved the prosecution case and acquitted the accused aggrieved against the acquittal the state has come up in an appeal 4 the ..... that the presumption of innocence is fortified by an order of acquittal and unless there are compelling reasons the findings recorded by ..... than des raj and major singh therefore the appeal against the acquittal of accused respondents other than des raj and major singh .....

State of Orissa Vs. Mathuri Mallik and anr.

Court: Orissa

Reported in: 46(1978)CLT455; 1979CriLJ508

..... appeal has been preferred by the state against the order of acquittal on the ground that the trial court erred in not convicting ..... appellate court if an appeal is preferred against an order of acquittal by the state and no appeal is filed by the convicted ..... court it cannot now be urged that in an appeal against acquittal preferred by the state respondents are entitled to challenga their conviction .....

Kasamkhan Rasulkhan Pathan Vs. State of Gujarat and ors.

Court: Gujarat

Reported in: (1979)1GLR542

..... readily imply this obligation of the government arising out of an acquittal on merits our learned brother also derived support for his conclusion ..... the truck or its monetary equivalent in the case of an acquittal by a judicial magistrate of the owner on merits with ..... qua the return of essential commodity or its equivalent on an acquittal by a competent court so far as confiscation orders were concerned .....

Crist Vs. Bretz

Court: US Supreme Court

..... jeopardy was restricted to cases in which there had been a complete trial culminating in acquittal or conviction the limited debate on the double jeopardy clause in the house of ..... as both justices washington and story believed that the double jeopardy clause embraced only actual acquittal and conviction they must have viewed perez as involving the independent rule barring needless discharges .....