TO CORRESPONDENT.
“ Quizzy.”—No, a man may not be indicted again on a charge of murder after he has been found not guilty by a jury and discharged by the judge. In explanation it should be stated that section 402 of the Crimes Act, 1908, provides that in any plea of previous acquittal or previous conviction it shall be sufficient for the accused to state that he was lawfully acquitted or convicted as the case may be of the crime charged in the count or counts to which such plea is pleaded. It is an established rule of common law that a man may not be placed twice in peril for the same offence. The effect of the law ii that when a man has been tried for an offence and acquitted he cannot afterwards be indicted for the same offence if the first indictment was such that he could have been lawfully convicted thereon and if he is prosecuted a second time he may plead previous acquittal, and it will be a good bar to the indictment.
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https://paperspast.natlib.govt.nz/newspapers/ESD19360528.2.51
Bibliographic details
Evening Star, Issue 22350, 28 May 1936, Page 10
Word Count
177TO CORRESPONDENT. Evening Star, Issue 22350, 28 May 1936, Page 10
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