State Ex Rel. Knight v. deGraffenried

POSTER, Justice.

The acquittal of defendant on a criminal charge is not a bar to the enforcement of a civil right by the state against the same defendant based upon the facts which constituted such criminal charge, 2 Freeman on Judgments, § 656, p. 1384; Stone v. U. S., 167 U. S. 178, 17 S. Ct. 77S, 42 L. Ed. 127; State v. Lewis, 164 Wis. 363, 159 N. W. 746, unless the civil right thus sought to be enforced is itself a proceeding for the further punishment of the defendant. Under such circumstances “it is regarded as a second attempt to punish for the same crime, and a previous acquittal is…