 | 1808 - 1256 pages
...guilty, not of murder, but of manslaughter, he would have been found guilty of the latter offense on that Indictment; and, in the second instance, since...circumstances of aggravation which enlarge it into murder.' Chitty, in speaking of the identity of the offense necessary to sustain a plea of former acquittal... | |
 | Thomas Starkie - 1814 - 378 pages
...an acquittal upon an indictment for manslaughter will be a good bar to an indictment for murder (2), for, in the first instance, had the defendant been...would have been found guilty of the latter offence; in the second instance, since the defendant is not guilty of manslaughter, he cannot be guilty of manslaughter... | |
 | Thomas Starkie - 1822 - 922 pages
...and £ converso an acquittal upon an indictment for manslaughter will be a good bar to an indictment for murder («), for, in the first instance, had the...would have been found guilty of the latter offence; in the second instance, since the defendant is not guilty of manslaughter, he cannot be guilty of manslaughter... | |
 | Isaac Grant Thompson - 1875 - 866 pages
...for murder will be a good plea to an Indictment tor manslaughter of the same person; and e converso an acquittal on an indictment for manslaughter will...manslaughter, he would have been found guilty of the latter offense on that indictment ; and in the second instance, since the defendant is not guilty of manslaughter,... | |
 | 1889 - 1028 pages
...acquittal on an indictment for murder will be a good bar to an indictment for manslaughter; and, econverso, an acquittal on an indictment for manslaughter will...manslaughter, he would have been found guilty of the latter offense upon that indictment; and, in the second instance, since the defendant is not guilty of manslaughter,... | |
 | 1898 - 1250 pages
...on an indictment for murder will be a good bar to an Indictment for manslaughter: and, a converso, an acquittal on an Indictment for manslaughter will...be a bar to a prosecution for murder. For, In the iirst instance, had the defendant been guilty, not of murder, but of manslaughter, he would have been... | |
 | Arkansas. Supreme Court - 1889 - 700 pages
...acquittal on an indictment for murder will be a good bar to an indictment for manslaughter, and e converso, an acquittal on an indictment for manslaughter will...; and in the second instance, since the defendant was not guilty of manslaughter, he cannot be guilty of manslaughter under circumstances of aggravation... | |
 | 1889 - 1034 pages
...acquittal on an indictment for murder will be a good bar to an indictment for manslaughter; and, econverso, an acquittal on an indictment for manslaughter will be a bar to a prosecution for aiurder. For, in the first instance, had the defendant been guilty, not of murder, but of manslaughter,... | |
 | John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1893 - 1116 pages
...the two indictments should be precisely the same ; it is sufficient if an acquittal from the offense charged in the first indictment virtually includes...manslaughter, he would have been found guilty of the latter offense upon that indictment ; and, in the second instance, since the defendant is not guilty of manslaughter,... | |
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Thus an acquittal on an indictment for murder will be a good bar to an indictment for manslaughter, and e converse, an acquittal on an indictment for manslaughter will be a bar to a prosecution for murder ; for in the first instance, had the defendant... 
