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State v. Jenkins

Citations

  • 20 S.C. 351
  • 1884 S.C. LEXIS 17

Syllabus

<p>1. A person indicted for arson and acquitted by direction of the judge, as the offense did not constitute the crime of arson, was, afterwards, for this same act of burning, put upon his trial for the statutory offense of burning an untenanted house, and he interposed the plea of autrefois acquit. Held, that this plea was properly overruled.</p> <p>2. An indictment charged an offense to have been committed at a future day; after the jury was charged, the error being discovered, the indictment was quashed, and a new and correct one found upon which the defendant was put upon his trial. Held, that a plea of autrefois acquit was properly overruled.</p> <p>3> The testimony in all cases must correspond with the allegations, and especially in criminal cases.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • Double jeopardy question “is a mixed one of law and fact. The facts, however, are not disputed, and, therefore, the question of law is alone to be considered.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Simpson

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