AUTREFOIS
autrefois (oh-tr<<schwa>>-fwahoroh-t<<schwa>>r-foyz). [Law French] On another occasion;
formerly.
autrefois acquit (<<schwa>>-kwitor a-kee). A plea in bar of arraignment that the defendant
has been acquitted of the offense. — Also termed former acquittal. See DOUBLE JEOPARDY.
[Cases: Criminal Law 289–297; Double Jeopardy 100.1. C.J.S. Criminal Law §§ 381–383.]
“Suppose that a transgressor is charged and acquitted for lack of evidence, and evidence has
now come to light showing beyond doubt that he committed the crime. Even so, he cannot be tried
a second time. He has what is termed, in legal Frenglish, the defence of autrefois acquit. Similarly,
if he is convicted, even though he is let off very lightly, he cannot afterwards be charged on fresh
evidence, because he will have the defence of autrefois convict. These uncouth phrases have never
been superseded, though they might well be called the defence of ‘previous acquittal’ and
‘previous conviction’; and ‘double jeopardy’ makes an acceptable generic name for both.”
Glanville Williams, Textbook of Criminal Law 24 (1978).
autrefois attaint (<<schwa>>-taynt).Hist. A plea in bar that the defendant has already been
attainted for one felony and therefore cannot be prosecuted for another.
autrefois convict.A plea in bar of arraignment that the defendant has been convicted of the
offense. See DOUBLE JEOPARDY. [Cases: Criminal Law 289–297; Double Jeopardy 105.
C.J.S. Criminal Law §§ 240, 381–383.][Blacks Law 8th]