Holding
The holding, as delivered by Justice Holmes:
“ | The quashing of a bad indictment is no bar to a prosecution upon a good one, but a judgment for the defendant upon the ground that the prosecution is barred goes to his liability as matter of substantive law and one judgment that he is free as matter of substantive law is as good as another. A plea of the statute of limitations is a plea to the merits, and however the issue was raised in the former case, after judgment upon it, it could not be reopened in a later prosecution.... Where a criminal charge has been adjudicated upon by a court having jurisdiction to hear and determine it, that adjudication, whether it takes the form of an acquittal or conviction, is final as to the matter so adjudicated upon, and may be pleaded in bar to any subsequent prosecution for the same offense. In this respect the criminal law is in unison with that which prevails in civil proceedings. | ” |
Read more about this topic: United States V. Oppenheimer
Famous quotes containing the word holding:
“Opera once was an important social instrumentespecially in Italy. With Rossini and Verdi people were listening to opera together and having the same catharsis with the same story, the same moral dilemmas. They were holding hands in the darkness. That has gone. Now perhaps they are holding hands watching television.”
—Luciano Berio (b. 1925)
“Talent alone can not make a writer. There must be a man behind the book; a personality which by birth and quality is pledged to the doctrines there set forth, and which exists to see and state things so, and not otherwise; holding things because they are things.”
—Ralph Waldo Emerson (18031882)
“Its frightening how easy it is to commit murder in America. Just a drink too much. I can see myself doing it. In England, one feels all the social restraints holding one back. But here, anything can happen.”
—W.H. (Wystan Hugh)