AUTREFOIS ACQUIT, eite-fwiVa'ke" (Fr., formerly acquitted), AUTREFOIS CONVICT, kiiiv'vt" (Fr., formerly convicted). The common law names of pleas in bar to a second indictment for an offense of which the defendant in a crimi nal prosecution has previously (Fr. autrefois) been regularly acquitted or convicted. It is a time-honored principle of English criminal law, that a person who has once been lawfully ac quitted or convicted of any offense must not be put in peril an second time for the same offense; and this, notwithstanding the existence of cir cumstances of aggravation which, if known, would have justified an indictment of a different or more serious crime, or the discovery of fresh evidence not disclosed at the time of former trial. The fact that there is a substantial vari ance between the former and the second indict ment will not defeat the plea, so long as the original accusation or indictment wars sufficient in law to sustain a conviction for the offense sub sequently charged. But a previous trial for as
sault or arson will be no bar to a subsequent trial for murder. manslaughter, or rape resulting from or connected with the offense previously charged. The prior acquittal or conviction pleaded may have been had in any court of competent jurisdiction, domestic or foreign; and the com mon-law doctrine is not limited, as is generally believed, to capital or other grave offenses. It is in the latter form that it has found expres sion in the provision of the United States Con stitution, that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb" (Amendment V.). Similar provisions are found in most, if not all, of the State consti tions. See JEormmv.