Res Judicata a Treatise On the Law of Former Adjudication Either Civil Cri

Cover Res Judicata a Treatise On the Law of Former Adjudication Either Civil Cri
Res Judicata a Treatise On the Law of Former Adjudication Either Civil Cri
John M John Mckee Van Fleet
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501 (21 one. A conviction might have been N. E. R. 1101). The court said: obtained under either of the indict- " State v. Lindley, 14 Ind. 430, was a ments by proof of keeping the house prosecution for keeping a gaming- at any time prior to the finding and house, and it was held that all the returning of the indictment, and not time during which it was continuously beyond the time fixed by the statute kept, prior and up to the commence- of limitations. The crime charged is ment of the prosecuti...on constituted the continuous keeping of the same one indivisible offense, which could house. The same proof was admis- only be punished by a single prosecu- sible under the one indictment as the tion ; and so, in this case the one convic- other. " tion was a bar to the others for the 2. State v. Inness, 53 Me. 536.
one continuous keeping of the house 3. Com. V. Cutler, 9 Allen (91 Mass. ) prior and up to the returning of the 486; Com. V. O'Donnell, 8 Allen (90 indictment upon which the conviction Mass.


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