(DOWNLOAD) "In Re Oppenheimers Estate" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: In Re Oppenheimers Estate
- Author : Supreme Court of Montana
- Release Date : January 29, 1925
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Criminal Law — Larceny of Livestock — When Plea of Once in Jeopardy not Available to Defendant. Larceny — Livestock — Theft of Four Animals at Same Time One Offense. 1. The larceny of four colts at the same time and place constituted but one offense. Same — Plea of Once in Jeopardy — When Properly Denied. 2. In a prosecution for the larceny of one of four colts, all stolen at the same time and place, defendant was convicted and served about a month in the state prison when a new trial was granted him for want of proper proof of ownership of the colt. Thereupon a new information was filed charging the theft of one of the other three colts, and defendant interposed a plea of once in jeopardy, which was denied. Held, that the trial court ruled properly for reasons stated below. Criminal Law — New Trial — Plea of Once in Jeopardy — When not Available. 3. Where one convicted of crime is granted a new trial he is not placed in new jeopardy by the second trial, but is in the same jeopardy he was in when the first trial was had. Same. 4. One who procures a judgment of conviction against him to be set aside may be tried anew on the same or another information for the same offense of which he was convicted. Same — What Insufficient to Sustain Plea of Once in Jeopardy. 5. The mere pendency of a prior information does not sustain the plea of former jeopardy. Same. 6. Where there are two informations pending charging the same offense, until there has been a trial or defendant is placed in jeopardy under one information, the plea of former jeopardy is not available as against the other.