Rules of Law Applied
A "motion to quash" an indictment, based upon a former adjudication that a previous indictment for the same offense was barred by the statute of limitations, held, in substance, a plea in bar.
Under the Criminal Appeals Act of March 2, 1907, c. 2564, 34 Stat. 1246, the right to review decisions and judgments sustaining special pleas in bar is not limited to cases in which the decisions or judgments are based upon the invalidity or construction of the statutes upon which the indictments are founded.
A plea of the statute of limitations is a plea to the merits.
A judgment for defendant that the prosecution is barred by limitations goes to his liability in substantive law; and, in whatever form the issue was raised, such a judgment may be interposed as a conclusive bar to another prosecution for the same offense.
The Fifth Amendment, in providing that no one should be twice put in jeopardy, was not intended to supplant the fundamental principle of res judicata in criminal cases.
Read more about this topic: United States V. Oppenheimer
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