Peremptory plea

(redirected from Autrefois convict)
Also found in: Legal.
Related to Autrefois convict: Autrefois acquit
a plea by a defendant tending to impeach the plaintiff's right of action; a plea in bar.

See also: Peremptory

References in periodicals archive ?
36) On April 19, 1996, he first tried to plead autrefois convict (37) because he had already been convicted of a lesser offense related to the conduct that occurred (and the victim did not subsequently die after the plea).
37) Autrefois convict is a plea made by a defendant that he or she has already been convicted of the conduct that he is currently accused of.
52) The full French phrase for the two pleas that survive, relevant to an understanding of today's double jeopardy jurisprudence, are autrefois acquit de meme felonie and autrefois convict de meme felonie.
Therefore, Article 44(a) and (b)'s language "envisages only the old common law pleas of former acquittal and former conviction[, autrefois acquit and autrefois convict,] and it did not consider the modern doctrine that jeopardy can attach before verdict or findings.
Thus, the exception would only apply in an autrefois convict factual scenario where the accused was convicted on a lesser offense but the victim dies after the trial and the prosecution seeks to try the accused for the greater offense.
Nonetheless, by the seventeenth century, the pleas of autrefois acquit (prior acquittal) and autrefois convict (prior conviction) had become firmly embedded principles of the English common law.
188) The Queen's Bench ruled that the defendant was entitled to rely upon autrefois convict and dismissed the larceny charges.
202) Citing Lord Devlin's opinion in Connelly, the lower court denied the landlord's motion to dismiss the manslaughter charge on the basis of autrefois convict.
At common law, the double jeopardy idea encompassed two basic pleas in bar, prior acquittal and prior conviction--in law French, autrefois acquit de meme felonie and autrefois convict de meme felonie.
Here we see how the Double Jeopardy Clause, via the constitutionally guaranteed plea of autrefois convict, protects even the guilty.