ACQUITTAL. A release or discharge from an obligation or engagement.
According to Lord Coke, there are three kinds of acquittal, namely: by deed, when the party re leases the obligation; by prescription ; by tenure; Co. Litt 100 a.
The absolution of a party charged with a crime or misdemeanor.
The absolution of a party accused on a trial before a traverse jury. Shackleford v. Smith, 1 Nott & McC. (S. C.) 36; Teague v. Wilks, 3 McCord (S. C.) 461. Though fre quently expressed as "by the jury," it is in fact by the judgment of the court ; 7 M. & G. 481.
Acquittals in fact are those which take place when the jury, upon trial, finds a ver dict of not guilty.
Acquittals in law are those which take place by mere operation of law ; as where a man has been charged merely as an ac cessary, and the principal has been acquit ted. Coke, 2 Inst. 364.
An acquittal is a bar to any future prose cution for the offence alleged in the first in dictment.
If accused is placed upon trial under a valid indictment before a legal jury, and the latter is discharged by the court without good cause and without defendant's consent, it is equivalent to an acquittal ; State v.
Walker, 26 Ind. 346; Mount v. State, 14 Ohio 295, 45 Am. Dec. 542; Mock v. People, 2 Parker Cr. R. (N. Y.) 676. There may be an acquittal by reason of a discharge with out a trial on the merits; Junction City v. Keeffe, 40 Kan. 275, 19 Pac. 735. Acquittal discharges from guilt, pardon only from pun ishment; Younger v. State, 2 W. Va. 579, 98 Am. Dec. 791.
When a prisoner has been acquitted, he becomes competent to testify either for the government or for his former co-defendants; 7 Cox, Cr. Cas. 341. And it is clear, that where a married defendant is entirely re moved from the record by a verdict pro nounced in his favor, his wife may testify either for or against any other persons who may be parties to the record; 12 M. & W. 49; 8 Carr. & P. 284. See JEOPARDY ; AUTRE VOIR ACQUIT ; AITTREFOIS CONVICT.