once in jeopardy

Essentially the same as the defense of prior jeopardy, although a distinction is recognized by some authority. A plea setting up a former jeopardy of the defendant who is now charged with the same offense. The justice of sustaining a plea of former acquittal or conviction is unquestioned and unquestionable, but a plea of "once in jeopardy" stands on narrower, more technical, and less substantial ground. It alleges only that there might have been a conviction or an acquittal if the judge trying the cause had not made a mistake in law which prevented a verdict. Commonwealth v Fitzpatrick, 121 Pa 109, 15 A 466. See prior jeopardy.