crim. law, pleading. A plea made by a defendant, indicted for a crime or misdemeanor, that he has formerly been tried and acquitted of the same offence. 2. To be a bar, the acquittal must have been by trial, and by the verdict of a jury on a valid indictment. There must be an acquittal of the offence charged in law and in fact. 3. The Constitution of the U. S., Amend. Art. 5, … [Read more...]

Fr. To have. Aver et tener. In old conveyancing. To have and to hold. AVER, v. In pleading. To declare or assert; to set out distinctly and formally; to allege. In old pleading. To avouch or verify. Litt. … [Read more...]

crim. law. Formerly attainted. 2. This is a good plea in bar, where a second trial would be quite superfluous. Where, therefore, any advantage either to public justice, or private individuals, would arise from a second prosecution, the plea will not prevent it; as where the criminal is indicted for treason after an attainder of felony, in which case the punishment will be more … [Read more...]

A medium, a mean proportion. In old English law. A service by horse or carriage, anciently due by a tenant to his lord. Cowell. A labor or service performed with working cattle, horses, or oxen, or with wagons and carriages. Spelman. Stubble, or remainder of straw and grass left in corn fields after harvest. In Kent it is called "gratten," and in other parts "roughings." In … [Read more...]

crim. law, pleading. A plea made by a defendant, indicted for a crime or misdemeanor, that he has formerly been tried and convicted of the same. 2. As a man once tried and acquitted of an offence is not again to be placed in jeopardy for the same cause, so, a fortiori, if he has suffered the penalty due to his offence, his conviction ought to be a bar to a second indictment for … [Read more...]