State v. Burris

Decision Date31 December 1848
Citation3 Tex. 118
PartiesTHE STATE OF TEXAS v. BASIL R. BURRIS
CourtTexas Supreme Court

OPINION TEXT STARTS HERE

Appeal from Goliad County.

A verdict of “not guilty,” in a prosecution for a criminal offense, puts a final termination to the prosecution. There can neither be a new trial nor an appeal in such a case.

ATTORNEY GENERAL for the state.

J. W. ALLEN for the appellee.

Mr. Justice WHEELER delivered the opinion of the court.

The appellee was put upon his trial upon an indictment for counterfeiting. The jury returned a verdict of “not guilty;” the prisoner was discharged, and the case is brought up by appeal on behalf of the state.

A verdict of “not guilty” puts a final termination to a criminal prosecution. After that verdict, the constitution and laws forbid that the party shall be again put in jeopardy for the same offense. The state can pursue him no further upon the same charge, either by an application for a new trial or by an appeal. [Const. art. I, sec. 12; and art. IV, sec. 3.]

The appeal must be dismissed.

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8 cases
  • Arizona v. Manypenny
    • United States
    • U.S. Supreme Court
    • April 21, 1981
    ...an appeal by the prosecutor following a jury verdict of acquittal. See, e. g., People v. Webb, 38 Cal. 467, 476-480 (1869); State v. Burris, 3 Tex. 118 (1848); State v. Hand, 6 Ark. 169, 171 (1845). See also Burks v. United States, 437 U.S. 1, 16, 98 S.Ct. 2141, 2149, 57 L.Ed.2d 1 (1978); F......
  • State v. Northrup
    • United States
    • Montana Supreme Court
    • December 23, 1893
    ...Van Horton, 26 Iowa, 402; City of Olathe v. Adams, 15 Kan. 391; State v. Anderson, 3 Smedes & M. 751; State v. Hand, 6 Ark. 169; State v. Burris, 3 Tex. 118; People Webb, 38 Cal. 467; People v. Swift, 59 Mich. 529, 541, 26 N.W. 694; State v. Crosby, 17 Kan. 396; 1 Bish. Crim. Law, § 1026. T......
  • State v. Chambliss
    • United States
    • Mississippi Supreme Court
    • February 15, 1926
    ...a legal judgment on the facts, if the advice of this court was given upon them. They therefore refused to entertain the case." State v. Burris, 3 Tex. 118, was a where the state appealed. In the syllabus of that case it is said: "A verdict of 'not guilty,' in a prosecution for a criminal of......
  • United States v. Sanges
    • United States
    • U.S. Supreme Court
    • April 4, 1892
    ...violation of a constitutional provision. See State v. Anderson, (1844,) 3 Smedes & M. 751; State v. Hand, (1845,) 6 Ark. 169; State v. Burris, (1848,) 3 Tex. 118; People v. Webb, (1869,) 38 Cal. 467; People v. Swift, (1886,) 59 Mich. 529, 541, 26 N. W. Rep. But the courts of many states, in......
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