State v. Stewart

By the Court,

Lord, J. :

The defendant was indicted, and after trial, convicted in the circuit court of Clatsop county for the crime of kidnapping. The defence interposed the plea of a former conviction of an assault and battery, prosecuted before a justice of the peace, an offence punishable as a misdemeanor. The plea of a former conviction must be upon a prosecution for the same identical crime. And this depends upon the principle that no person shall be put in jeopardy twice for the same offence. 4 Blk. Com., 336.) “ The test is not wheth*53er the defendant has already been tried for the same…