A person shall not be held to answer on a second complaint, information, or indictment
for an offense of which he or she was acquitted by a jury upon the merits on a former
trial. Such acquittal may be pleaded in bar of a subsequent prosecution for the same
offense, notwithstanding defects in the form or substance of the complaint, information,
or indictment on which he or she was acquitted.
State v. Ramsay, 499 A.2d 15 (Vt. 1985). · cites it 2דDefendant did not refer to 13 V.S.A. § 6556 (statutory bar to subsequent prosecution for same offense after an acquittal on the merits), or to Vermont common law, nor did he assert that Vermont's protection is broader than the Fifth Amendment's.”
State v. Corey, 561 A.2d 87 (Vt. 1989). “§ 6556, barring subsequent prosecutions for the same offense after an acquittal on the merits, been interpreted by this Court to provide any greater protection in the context of mistrials than does the Fifth Amendment. 2 With this in mind, defendant’s claim of violation of his…”
State v. Parker, 189 A.2d 540 (Vt. 1963). “13 V.S.A. §6556. Where one offense is a necessary element in, and constitutes a part of, another, and both are in fact but one transaction, an acquittal or conviction of one is a bar to a prosecution for the other.”
State v. Velander, 181 A.2d 60 (Vt. 1962). “The statutory recognition of it is to be found in 13 V.S.A. §6556. The legislature, mindful of all this when it enacted the procedure act of 1959, did not repeal V.”
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