Setting free; deliverance from a charge or suspicion of guilt; the act or action of a jury in finding that a person accused of a crime is not guilty. Acquitted. "Set free or judicially discharged from an accusation; released from a debt, duty, obligation, charge, or suspicion of guilt." 6 Refers to both civil and criminal prosecutions.. Acquittal in fact. A verdict of not guilty. Acquittal in law. A discharge by operation of law; as, where one is held as an accessary and the principal is acquitted.7 Former acquittal. An acquittal in a former prosecution. When the facts constitute but one offense, though divisible into parts, a final judgment on a charge of one part bars a prosecution for another part. When the facts constitute two or more offenses wherein the lesser is necessarily involved in the greater, and the facts necessary to convict on a second prosecution would necessarily have convicted on the first, then the first judgment bars another prosecution.8 The greater includes the lesser crime. Compare CONVICTION, Former. 1 [2 Kent, 355, 386.] 2 Allen v. Ferguson, 18 Wall. 4 (1873). 3 Irvine v. Irvine, 9 Wall. 625 (1869). 4 See Loomis v. Davenport, &c. R. Co., 17 F. R. 305 (1882); 1 Jones, Mortg. § 157. See generally Babcock v. Jones, 15 Kan. 301 (1875), cases; 21 Cent. L. J. 500-3 Pence v. Langdon, 99 U. S. 581 (1878), Swayne, J. See also Matthews v. Murchison, 17 F. R. 766 (1883); (1885), cases. Ramsden v. Dyson, L. R., 1 H. L. 129 (1865). • Swain v. Seamans, 9 Wall. 254, 267, 274 (1869), Clifford, J. L. acquirere, to get, obtain: quaerere, to seek. • Re Millars' Wills, 2 Lea, 61 (1878); Donahue's Estate, 36 Cal. 332 (1868). See 4 Bl. Com. 335. * Dolloway v. Turrill, 26 Wend. 400 (1841): Webster. 7 [2 Coke Inst. 364.] 8 State v. Elder, 65 Ind. 285-86 (1879), cases; 58 N. H. 257; 4 Cr. L. M. 411. 18 Cent. Law J. 392-94 (1884), cases.