People ex rel. Totalis v. Craver

The Constitution of the State of New York (Art. 1, § 6) declares that no person shall be subject to be twice put in jeopardy for the same offense. The word jeopardy defined by Webster means, “ exposure to death, loss or injury.” It is synonymous with peril, hazard or risk. In law, jeopardy is that status which attaches to a person, when he is put on trial before a court of competent jurisdiction on an indictment, presentment or information which is sufficient in form and substance to sustain a conviction and a jury has been charged with his deliverance.

It is the peril in which a prisoner is…