Note 153 — Chapter XVI · THE COURTS, THE LAW, AND JUDICIAL PROCEDURE.

A prisoner was once charged with setting fire to his own home and burning it down, thus causing the death of his father and mother. The prosecuting attorney first put him on trial for the murder of his father; but the jury acquitted him. Another jury was then summoned and the attempt was made to place him on trial for the murder of his mother. The prisoner’s counsel argued that this was placing him on trial the second time (or in second jeopardy as it is called) for the same offence. The prosecuting attorney argued that it was a different offence, the murder of a different person. Which was right?