State v. Causby

Defendant asserts in his brief that the judge activated his suspended sentence on the same evidence upon which the jury had acquitted him on the preceding day and upon which the solicitor had entered a nolle prosequi. We assume the correctness of this statement although the evidence does not affirmatively disclose that the same whiskey and beer were involved. Decision, however, does not turn on this point.

When a jury or other tribunal having jurisdiction acquits a defendant of a criminal charge, it is clear that the same charge may not be the basis for invoking a previously suspended…