Commonwealth v. Ramunno

Citations

• 219 Pa. 204
• 68 A. 184
• 1907 Pa. LEXIS 639

Syllabus

<p>Criminal law — Murder—Assault and battery with intent to kill — Twice in jeopardy — Autrefois convict — Habeas corpus.</p> <p>Where a person has been convicted of assault and battery with intent to kill, and thereafter his victim dies, and he is indicted for murder, he cannot plead autrefois convict as a defense, since he has not been placed twice in jeopardy'for the same offense,</p> <p>Where a person has been convicted and imprisoned for assault and battery with intent to kill, and thereafter his victim dies, he may be removed from the penitentiary by a writ of habeas corpus at the instance of the district attorney, and indicted and tried for murder.</p>