 | Edward William Cox - Criminal law - 1846 - 734 pages
...arising out of this state of the law, as referred to by Mr. Ribton ; but it is a fundamental rule of law that out of the same facts a series of charges shall not be preferred. The words of the statute are express, and this case clearly comes within them. BLACKBURN, J. — I... | |
 | Law reports, digests, etc - 1888 - 1006 pages
...is a fundamental principle, as observed by COCKBURN, CJ, in Keg. v. Elrington,9 Cox, Crim. Cas. 86, that out of the same facts a series of charges shall not be preferred. Our bill of rights declares that no person, for the same offense, shall be twice put in jeopardy of... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1888 - 642 pages
...principle, as observed by PKOCED- » TIWO: in- Cockburn, CJ in Regina v. Eloington, 9 Cox Cr. Cos. 86, of! that out of the same facts a series of charges shall not OI be preferred. Our bill of rights declares that no person, Smith v. New Albany Rail Mill Co. for... | |
 | Joel Prentiss Bishop - Criminal law - 1892 - 922 pages
...without regard to the others,4 " it is," in the language of Cockburn, CJ, " a fundamental rule of law that out of the same facts a series of charges shall not be preferred." ъ То give our constitutional provision the force evidently meant, and to render it effectual, "... | |
 | Criminal law - 1898 - 680 pages
...criminal for the same cause (although circumstances of aggravation were alleged). It is a fundamental rule that out of the same facts a series of charges shall not be preferred." So in the case of Reg. v. Yean, on an indictment for grevious bodily harm, the Judge refused to take... | |
 | Law reports, digests, etc - 1906 - 1170 pages
...v. Ny Sam Chung, 94 Cal. 307, 20 Гас. 042, 28 Am. St Rep. 129. "It Is a fundamental rule of law that out of the same facts a series of charges shall not be preferred." People v. Stephens, 79 Cal. 430, 21 Pao. 850, 4 LRA 845 ; Peopld v. McDaniels, 137 Cal. 194, 69 Рас.... | |
 | California. District Courts of Appeal - Law reports, digests, etc - 1907 - 932 pages
...v. Ny Sam Chung, 94 Cal. 307, [28 Am. St. Rep. 129, 29 Pac. 642].) "It is a fundamental rule of law that out of the same facts a series of charges shall not be preferred." (People v. Stephens, 79 Cal. 430, [21 Pac. 856] ; People v. McDaniels, 137 Cal. 194, [92 Am. St. Rep.... | |
 | Law reports, digests, etc - 1915 - 1218 pages
...by the solicitor, who denied Identity of the offenses, and the said plea was overruled by the court. The Judge's charge was that usually given in arson...murder at the first trial, on the same facts as brought • oat at the trial for arson, Is a bar to sentencing the defendant for arson. Tlie defendant offers... | |
 | Missouri. Supreme Court - Law reports, digests, etc - 1921 - 844 pages
...acquittal on one of the same is a bar to further prosecution on the other. "Fundamental rule of law that out of the same facts a series of charges shall not be preferred." Bishop's New Cr. Law (8 Ed.), sees. 1049, 1051 . 1057, 1060, 1015, 1016, 1070a; Sees. 4905, 4907, RS... | |
 | United States. Supreme Court - Law reports, digests, etc - 1926 - 1260 pages
...any of which there may be a conviction without regard to the others, it is a fundamental rule of law that out of the same facts a series of charges shall not be preferred. 1 Bishop, New Crim. Law, par. 1060; Reg. v. Elrington, 9 Cox CC 86. If two indictments set out like... | |
| |
It is a fundamental rule of law that out of the same facts a series of charges shall not be preferred. 
