McFarland v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Dane County. The plaintiff in error, William A. McFarland, was prosecuted before a justice of the peace at Deerfield in Dane county, for selling liquor without license. One Nelson appeared as his attorney. For some reason this prosecution Avas discontinued.
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ERROR to the Circuit Court for Dane County. The plaintiff in error, William A. McFarland, was prosecuted before a justice of the peace at Deerfield in Dane county, for selling liquor without license. One Nelson appeared as his attorney. For some reason this prosecution Avas discontinued. On the day it was so terminated, the chairman of the board of supervisors of the town in which the offense is alleged to have been committed came to Madison and renewed the prosecution in the municipal court, by making due complaint against McFm'land for the same offense. On the same day, McFarland and Nelson…
1Opinion of the CourtLyoN, J.
1. It is a rule of the common law, founded on a plain principle of natural justice, that no person shall be twice put in jeopardy of punishment for the same offense. This rule is embodied and perpetuated in both the federal and state constitutions. One application of the rule is that a regular conviction or acquittal upon a prosecution for a crime, if pleaded, is a bar to a second prosecution for the same offense.
But if one liable to be charged criminally, by fraud procures himself to be acquitted or convicted of the offense, such acquittal or conviction is no bar to another prosecution…
2Cases cited1 opinion
- State v. Parish & NicholsWisconsin Supreme Court · 1877
3Cited by12 opinions
- El Pueblo de Puerto Rico v. Santiago PérezSupreme Court of Puerto Rico · 2003
- The People v. BainIllinois Supreme Court · 1934
- State v. PianfettiSupreme Court of Vermont · 1906
- Richardson v. StateCourt of Criminal Appeals of Texas · 1928
- State v. ReidCourt of Appeals of Wisconsin · 1991
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