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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Before judgment it becomes manifest that the wrong offense was charged and the accused cannot be convicted of that charge or any necessarily included offense. The prosecutor proposes lawful substitution. What qualification is indispensable?

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Substitution always overrides double jeopardy The original case must remain forever despite the charging mistake The accused is automatically guilty of the substitute offense The proper new information and procedure must comply with the protection against double jeopardy

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