implied acquittal
noun
: an acquittal of a more serious offense (as first-degree murder) that is considered to result from a verdict which convicts the defendant of a lesser included offense while remaining silent on the greater one
Note: A greater offense and a lesser included offense are the same offense under a double jeopardy analysis. Therefore, a conviction of a lesser included offense and implied acquittal of the greater offense bars retrial on the greater offense.
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“Implied acquittal.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, https://www.merriam-webster.com/legal/implied%20acquittal. Accessed 23 Nov. 2024.
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