Legal Opinion

Hatwood v. State

Indiana Supreme Court

Decided May 15, 1862PublishedCited by 7 opinions

APPEAL from the Daviess Common Pleas.

1Opinion of the CourtPebkins, J.

Mabon Halwood, a mulatto, was prosecuted, in 1861, for coming into and settling in this State. 1 Q-. & H. 443.

On the trial he offered in evidence the record of a former conviction for the same offence, but it was rejected.

The record showed that afterwards the Court arrested the judgment and discharged the defendant. It is held in some of the States that where a trial has been had and the defendant convicted upon a had information or indictment, and the Court, on that account, arrests the judgment, the defendant has not been in jeopardy, and maybe again tried for the same *493offence. In others,…

2Cited by7 opinions

  1. Cory v. CarterIndiana Supreme Court · 1874
  2. Packer v. PeopleSupreme Court of Colorado · 1899
  3. State v. SammonsIndiana Supreme Court · 1884
  4. Dickinson v. StateIndiana Supreme Court · 1880
  5. Boughn v. StateNebraska Supreme Court · 1895

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