Legal Definition and Related Resources of Autrefois Convict

French. means formerly convicted. In criminal proceedings, this is a special plea meaning that the accused had been formerly charged with and convicted of the same crime . If proved, such a plea is a complete bar to further proceedings. See also double jeopardy .

(Fr. formerly convicted). In criminal pleading. A plea made by a defendant indicted for a crime or misdemeanor, that he has formerly been tried and convicted of the same. This plea Is substantially the same in form as the plea of autrefois acquit, and is grounded on the same principle, viz., that no man’s life or liberty shall be twice put in jeopardy for the same offense. 1 Bish. Crim. Law, §§ 651-680; 1 Green (N, J.) 362; 1 McLean (U.S.) 429; 7 Ala. 610; 2 Swan (Tenn.) 493. A plea of autrefois convict which shows that the judgment on the former indictment has been reversed for an error in the judgment, is not a good bar to another indictment for the same offense. 3 Car. & K. 190. But a prior conviction by judgment before a justice of the peace, and a performance of the sentence pursuant to the judgment, constitute a bar to an indictment for the same offense, although the complaint on which the justice proceeded was so defective that his judgment might have been reversed for error. 3 Mete. (Mass.) 328; 8 Mete. (Mass.).532. See “Jeopardy.”

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Autrefois Convict in Historical Law

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This definition of Autrefois Convict is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

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Autrefois convict in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims

Formerly convicted.

Note: This legal definition of Autrefois convict in the Dictionary of Law (English and American Jurisprudence) is from 1893.

English Legal System: Autrefois Convict

In the context of the English law, A Dictionary of Law provides the following legal concept of Autrefois Convict : (French: previously convicted)

A *special plea in bar of arraignment claiming that the defendant has previously been convicted by a court of competent jurisdiction of the same (or substantially the same) offence as that with which he is now charged or that he could have been convicted on an earlier indictment of the same (or substantially the same) offence. When this plea is entered the judge determines the issue. If the plea is successful it bars further proceedings on the indictment. The plea may be combined with one of *not guilty.

See also nemo debet bis vexari.

Autrefois Convict

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