 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
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1922 - 836 pages
...is no second jeopardy for the same offense. Gavieres v. United States, 220 US 338 (31 Sup. Ct. 421). "The test is not whether the defendant has already...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... | |
 | Law - 1890 - 542 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...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;... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1907 - 1382 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 a conviction upon the other." In Commonwealth v. Armstrong, 7 Gray, 4P, as well as in several other cases, it is decided that an... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1890 - 658 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 a conviction upon the other." In the case of Commomceatth v. Conuars, 116 Mass., 35, the court held that a conviction under the general... | |
 | Law - 1879 - 552 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 a conviction upon the other." In 7 Gray, 49, as well as in several other cases, it is decided that an indictment for being a common... | |
 | Law reports, digests, etc - 1921 - 1056 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... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1880 - 696 pages
...subsequent conviction and sentence upon another, unloss the evidence required to support a conviction upon one of them would have been sufficient to warrant a conviction upon the other." In Commonwealth v. Armstrong, 1 Gray, 40, as •well as in several other cases, it is decided that... | |
 | Francis Wharton - Criminal procedure - 1880 - 904 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 a conviction upon the other.' In Com. v. Armstrong, 7 Gray, 49, as well as in several other cases, it is decided that an indictment... | |
 | Law reports, digests, etc - 1902 - 988 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... | |
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