 If the defendant was formerly acquitted on the ground of variance between the indictment or information and the proof, or the indictment or information was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher...  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 405by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Alonzo Blair Irvine, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1911Full view - About this book
 | Oregon - Law - 1855 - 670 pages
...the indict- bar to anment were dismissed upon an objection to its form or substance cubt!orn.prosc without a judgment of acquittal, it shall not be an acquittal of the same offence. SEC. 9. When, however, he was acquitted on the merits, he shall ^ <Wh<!11 • be deemed acquitted... | |
 | California - Criminal law - 1872 - 698 pages
...acquittal, acquitted on the ground of variance between the indictment and the proof, or the indictment was dismissed upon an objection to its form or substance,...higher offense, without a judgment of acquittal, it is not an acquittal of the same offense. NOTE. — As to what variance entitles defendant to acquittal,... | |
 | Ohio. Supreme Court - Law reports, digests, etc - 1885 - 1744 pages
...formerly acquitted on the ground of variance between the indictment and the proof, or the indictment was dismissed upon an objection to its form or substance,...higher offense, without a judgment of acquittal, it is not an acquittal of the same offense." § 1021. The jury having been duly impaneled and sworn on... | |
 | California - Criminal law - 1874 - 712 pages
...acquittal, acquitted on the ground of variance between the indictment and the proof, or the indictment was dismissed upon an objection to its form or substance,...higher offense, without a judgment of acquittal, it is not an acquittal of the same offense. NOTE. — As to what variance entitles defendant to acquittal,... | |
 | California, Theodore Henry Hittell - Law - 1876 - 986 pages
...formerly acquitted on the ground of variance between the indictment and the proof, or the indictment was dismissed upon an objection to its form or substance,...higher offense, without a judgment of acquittal, it is not an acquittal of the same offense. 14.022. What is a former acquittal. SEC. 1022. Whenever the... | |
 | Utah - Session laws - 1878 - 238 pages
...offense, notwithstanding any defect in form or substance in the indictment on which the trial was had. or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense. SEC. 208.—When the defendant is convicted or su-qiTtuf'oir... | |
 | California - Criminal law - 1881 - 878 pages
...variance between tho indictment or information and the proof, or the indictment or information was dismissed upon an objection to its form or substance,...higher offense, without a judgment of acquittal, it is not an acquittal of the same offense. [In effect April 9th, 1880.] Acquittal, when not a bar.—... | |
 | California - Criminal law - 1881 - 806 pages
...variance between the indictment or information and the proof, or the indictment or information was dismissed upon an objection to its form or substance,...higher offense, without a judgment of acquittal, it is not an acquittal of the same offense. [Amendment, approved April 9, 1880; in rffn-l immediately.... | |
 | California - Criminal law - 1881 - 860 pages
...proof, or the indictment or information was dismissed upon an objection to its form or substance, or iu order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense. [In effect April 9th, 1880.] Acquittal, when not a bar.—... | |
 | California - California - 1886 - 992 pages
...variance between the indictment or information and the proof, or the indictment or information was dismissed upon an objection to its form or substance,...higher offense, without a judgment of acquittal, it is not an acquittal of the same offense. [Amendment, approved April 19, 1880; Amendments 1880, 19 (Ban.... | |
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