JEOPARDY. Peril ; danger.
The term is used in this sense in the act esta blishing and regulating the post-office department. The words of the act are, "or if. in effecting such robbery of the mail the first time, the offender the 'person having the custody there of, or put his life in jeopardy by the use of danger ous weapons, such offender shall suffer death." 3 Story, Laws U. S. 1992. See Baldw. C. C. 93-95.
The situation of a prisoner when a trial jury is sworn and impanelled to try his case upon a valid indictment, and such jury has been charged with his deliverance. 1 Bail. So. C. 655; 7 Blackf.' Ind. 191; 1 Gray, Mass. 490 ; 38 Me. 574 ; 8 Serg. & R. Penn. 586 ; 23 Penn. St. 12; 12 Vt. 93 ; 1 Bishop, Crim. Law, 660. See 18 Johns. N. Y. 206; 2 Sumn. C. C. 60 ; 4 Wash. C. C. 402.
This is the sense in which the term is used in the Unitod States oonstitution: "no person . .
shall be subject for the same offence to be twice pint in jeopardy of life or limb," U. S. Const. art. v. Amend., and in the statutes or „constitutions of most if not all of the states. 1 Bishop, Crim. Law, 0 650.
2. As to the effect of conviction or ac quittal of a crime in a foreign state, or in a state or federal court, as preventing further punishment by another jurisdiction, see 14 Ala. s. 486 ; 11 Wend. N. Y. 129; 7 N. Y. 295 •, 5 Wheat. 184 ; 5 How. 410 ; 14 id. 13 ; 8 Mete. Mass. 313 ; Dougl: Mich. 207 ; 1 Park. Cr. Cas. N. Y. 659 ' • 5 Leigh, Va. 707; 1 Bishop, Crim. Law,. 655 b.
It is a privilege which may be •waived. 6 Ouch. Mass. 560 ; 37 Me. 156'; 2 Hawks. Tenn. 443; 2 Barb. N. Y. 427 ; 4 Dev. No.
U. 305 ; 16 Miss. 587 ; 1 Bishop, Crim. Law, 672 et seq. See DISCHARGE or A JURY.