Acquit - Law Dictionary Search Results
Home Dictionary Name: acquitAutrefois acquit
Autrefois acquit (formerly acquitted), a plea in criminal cases; when a person is indicted for an offence and acquitted, he cannot be afterwards indicted for the same offence, provided the first indictment were such that he could have been lawfully convicted on it; and if he be thus indicted a second time, he may plead autrefois acquit, which will be a good bar to the indictment. The true test, whether such a plea is a sufficient bar, is, whether the evidence necessary to support the second indictment would have been sufficient to procure a legal conviction upon the first, R. v. Emden, (1808) 9 East, 437; R. v. King, 1897 (1) QB 214, explained and distinguished in Rex v. Barron, 1914, s. KB 570; Criminal Procedure Act, 1851 (14 & 15 Vict. c. 100), s. 28; and the (English) Evidence Act, 1851 (c. 99), s. 13....
acquit
acquit ac·quit·ted ac·quit·ting [Old French acquiter to pay off, absolve, acquit, from a-, prefix marking causation + quite free (of an obligation)] vt : to discharge completely: as a : to release from liability for a debt or other obligation usually used in agreements [forever release, , and discharge each other] b : to absolve (a criminal defendant) of a charge by judicial process c : to clear of wrongdoing [the fact…does not them of misrepresentation "In re Hiller, 694 P.2d 540 (1985)"] vi : to absolve a defendant of criminal liability [must if any reasonable doubt existed "Commonwealth v. Gagliardi, 638 N.E.2d 20 (1994)"] compare convict ...
autrefois acquit
autrefois acquit [Anglo-French, formerly acquitted] : a defendant's plea stating that he or she has already been tried for and acquitted of the same offense ...
Autretois acquit and autrefois convict
Autretois acquit and autrefois convict, they are pleas which are concerned with the judicial determination of an alleged criminal liability and in the case of conviction with the substitution of a new liability, State of Andhra Pradesh v. Kokkiliagada Meerayya, (1969) 1 SCC 161 (165): AIR 1970 SC 771....
Acquitted
Acquitted, means judicially discharged from a accusation; absolved; released from a debt, Black Law Dictionary, 7th Edn., p. 24....
Acquittal
Acquittal, The legal certification usually by jury verdict that an accused person is not guilty of the charged offence. [fr. acquitter, Fr.; quietus, Lat., to free, acquit, or discharged], a deliverance and setting free of a person from the suspicion or guilt of an offence; also to be free from entries and molestations by a superior lord, for services issuing out of lands, Cowel. Acquittal is of two kinds--(1) Acquittal in deed, as when a person is cleared by verdict; and (2) Acquittal in law, as if two be indicted for a felony, the one as principal and the other as accessory, and the jury acquit the principal, by law the accessory is also acquitted, 2 Inst. 384.Means the legal certification, usually by jury verdict, that an accused person is not guilty of the charged offence, Black Law Dictionary, 7th Edn., p. 24.If person is acquitted and ordered to be discharged it is illegal any longer to detain him, and the duty of seeing that he is at once discharged is upon the governor of the p...
Quietare
Quietare, means to acquit, discharge or hold harmless. This term was used in conveyances, Black's Law Dictionary, 7th Edn., p. 1261.Quietare, to quit, acquit, discharge, or save harmless....
Acquietare
Acquietare [fr. quietum reddere, Lat.], to acquit, absolve. Also sometimes signifies 'to pay.', Cowel's Law Dict....
Plea
Plea [fr. plee, Fr.]. this was the name of a defendant's answer of fact to a plaintiff's declaration; anciently a suit or action.Pleas were divided into common pleas, relating to civil causes, and pleas of the Crown, relating to criminal prosecutions.At Common Law pleas were divided into:(1) Dilatory; which were subdivided into:(a) To the jurisdiction of the Court.(b) In suspension of the action,(c) In abatement of the writ or declaration, and:(2) Peremptory, i.e., in bar of the action.The distinction between these two classes of pleas was that the dilatory showed some ground for quashing the declaration, the peremptory for defeating the action. Consult Bullen and Leake, or Odgers on Pleading, and Ch. Arch. Practice.In equity, a plea was resorted to by a defendant when an objection was not apparent on the bill itself, or, as the technical phrase was, where it arose from matter dehors the bill, other matter being dealt with by 'Answer' (see that title).A defendant now raises his defence...
Pardon
Pardon, forgiveness of a crime; remission of punis-hment.The pardoning of criminals is the peculiar preroga-tive of the sovereign. See 4 Steph. Com., 7th Edn.The sovereign may pardon all offences merely against the Crown and the public, excepting: (1) That to preserve the liberty of the subject, the committing any man to prison out of the realm is, by the Habeas Corpus Act (31 Car. 2, c. 2), made a pr'munire (see that title), unpardonable even by the Crown; and (2) that the sovereign cannot pardon where private justice is principally concerned in the prosecution of offenders--'non potest rex gratiam facere cum injuria et damno aliorum.'Neither at Common Law could the sovereign pardon an offence against a penal statute after information brought; for thereby the informer had acquired private property in his part of the penalty. But the Remission of Penalties Act, 1859, enables the Crown to remit penalties for offences, although payable to parties other than the Crown; and a special power...
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