 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...  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Página 276por Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Richard W. Cooper, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner - 1922Visualização integral - Acerca deste livro
 | United States. District Court (Hawaii) - 1918 - 1016 páginas
..."Although proof of one particular fact is necessary to a conviction under either of two statutes, yet, if each statute requires proof of an additional fact...does not, an acquittal or conviction under either is no bar to prosecution and punishment under the other" (syllabus; nnd see p. 434). A broader, more... | |
 | William Mack, William Benjamin Hale - 1918 - 1426 páginas
...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 - 1856 páginas
...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...statutes, and if each statute requires proof of an additi al fact which the other does not, an acquittal or conviction under either statute does not exempt... | |
 | 1921 - 1356 páginas
...speaking for the court and quoting from Judge Gray In Morey v. Commonwealth, IOS Mass. 434, says: " The test is not whether the defendant has already...the other does not, an acquittal or conviction under einot in terms, or in their operation, contradic- i ther statute doos not exempt the defendant tory... | |
 | 1921 - 1116 páginas
...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...and if each statute requires proof of an additional fart which the other does not, an acquittal or conviction under either does not exempt the defendant... | |
 | United States. Supreme Court - 1921 - 1160 páginas
...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 páginas
...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 páginas
...support a conviction upon one of them would have been sufficient to warrant a conviction upon the other. The test is not 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 páginas
...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 páginas
...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...does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other." In Burton v.... | |
| |
