Is a defendant entitled to immunity from prosecution for the same crime if charged with the same same offence but convicted of the same criminal offence once discharged?

"New York", United States of America

The following excerpt is from People v. Schell, 203 Misc. 689 (N.Y. Dist. Ct. 1952):

The court, in People ex rel. Nagel v. Heider (225 Ill. 347) held that the court lost its jurisdiction to try the defendant and could not again acquire jurisdiction by a second indictment. To hold otherwise would make article Six of the Constitution and the statute of the State of Illinois a nullity. The court continued (p. 350): "Any other interpretation would open the way for a complete invasion of the statute, which, of course, is plainly apparent. The provision of the constitution [for a speedy trial] can only be given its legitimate effect by holding that a person once discharged is entitled to immunity from further prosecution for the same offense".

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