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:
“I have often repented speaking, but never of holding my tongue.”
—Xenocrates (396–315 B.C.)
“To me heaven would be a big bull ring with me holding two barrera seats and a trout stream outside that no one else was allowed to fish in and two lovely houses in the town; one where I would have my wife and children and be monogamous and love them truly and well and the other where I would have my nine beautiful mistresses on nine different floors.”
—Ernest Hemingway (1899–1961)
“I love a gay and sociable wisdom, and shun harshness and austerity in behaviour, holding every surly countenance suspect.”
—Michel de Montaigne (1533–1592)