Kellys Federal Prohibition Digest Including Such Citations As Many Be Useful I
Kellys Federal Prohibition Digest Including Such Citations As Many Be Useful I
Bernard Kelly
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JEOPARDY. 277. Conviction in Federal Court Barred: — If a defendant is convicted under the state la^v he cannot again be convicted under the federal law on the same facts or for the same offense. United States v. Peterson, 268 Fed. , 864. 278. Conviction Under Ordinance Not a Bar: — A conviction under an ordinance is not a bar to a prosecu- tion in the federal court on the same fact. United States v. Peterson, 268 Fed. , 864. 279. Disagreement and Discharge of Jury as a Bar: — Where prisoner wa...s tried for felony and the case resulted in a disagreement, after which the jury was discharged without consent of the prisoner, he cannot again be tried for the same offense. Ex parte Glenn, 111 Fed. , 257; (Order reversed. ) Moss v. Glenn, 189 U. S. , 506. When plea of former jeopardy will not be heard where the jury has disagreed and been discharged. Dreyer v. People of the State of Illinois, 187 U. S. , 71; Keerl v. State of Montana, 213 U. S. , 135; United States v. Jim Lee, 123 Fed. , 741.
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