Brill v. State

Citations

• 1 Tex. Ct. App. 152

Syllabus

<p>1. Criminal Procedure—Former Acquittal.—The plea of autrefois acguit is sustainable only when the accused had previously been acquitted of the same charge, by a jury, in a court of competent jurisdiction. The dismissal of the prior prosecution is not pleadable as a former acquittal.</p> <p>2. Same—Habeas Corpus is not the remedy for a party arrested on a charge of which he had previously been acquitted. His remedy is by special plea to the second indictment.</p>