AUTREFOIS
autrefois (oh-tr[schwa]-fwahoroh-t[schwa]r-foyz). [Law French] On another occasion; formerly.autrefois acquit ([schwa]-kwitor a-kee). A plea in bar of arraignment that the defendant has been acquitted of the offense.
¡ª Also termed former acquittal. See DOUBLE JEOPARDY. [Cases: Criminal Law 289¨C297; Double Jeopardy 100.
1. C.J.S. Criminal Law ¡ì¡ì 381¨C383.]
¡°Suppose that a transgressor is charged and acquitted for lack of evidence, and evidence has now come to light showing beyond doubt that he committed the crime. Even so, he cannot be tried a second time. He has what is termed, in legal Frenglish, the defence of autrefois acquit. Similarly, if he is convicted, even though he is let off very lightly, he cannot afterwards be charged on fresh evidence, because he will have the defence of autrefois convict. These uncouth phrases have never been superseded, though they might well be called the defence of ¡®previous acquittal¡¯ and ¡®previous conviction¡¯; and ¡®double jeopardy¡¯ makes an acceptable generic name for both.¡± Glanville Williams, Textbook of Criminal Law 24 (1978).
autrefois attaint ([schwa]-taynt). Hist. A plea in bar that the defendant has already been attainted for one felony and therefore cannot be prosecuted for another.
autrefois convict. A plea in bar of arraignment that the defendant has been convicted of the offense. See DOUBLE JEOPARDY. [Cases: Criminal Law 289¨C297; Double Jeopardy 105. C.J.S. Criminal Law ¡ì¡ì 240, 381¨C383.]
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