misdemeanor.[18]
Seventy-five years ago a closely divided Court held that the protection
against double jeopardy prevented an appeal by the Government after a
verdict of acquittal.[19] A judgment of acquittal on the ground of the
bar of the statute of limitations is a protection against a second
trial,[20] as is also a general verdict of acquittal upon an issue of
not guilty to an indictment which was not challenged as insufficient
before the verdict.[21] Where a court inadvertently imposed both a fine
and imprisonment for a crime for which the law authorized either
punishment, but not both, it could not, after the fine had been paid,
during the same term of court, change its judgment by sentencing the
defendant to imprisonment.[22] But where a statute carried a minimum
mandatory sentence of both a fine and imprisonment, the imposition of
the minimum fine five hours after the court had erroneously sentenced
the defendant to imprisonment only did not amount to double
jeopardy.[23] Whether or not the discontinuance of a trial without a
verdict bars a second trial depends upon the circumstances of each
case.[24] Discharge of a jury because it is unable to reach an
agreement[25] or because of the disqualification of a juror[26] does not
preclude a second trial. Where, after a demurrer to the indictment was
overruled, a jury was impaneled and witnesses sworn, the discharge of
the jury to permit the defendant to be arraigned did not bar a trial
before a new jury.[27] The withdrawal of charges after a trial by a
general court martial had begun, because the tactical situation brought
about by the rapid advance of the army made continuance of the trial
impracticable, did not bar a trial before a second court martial.[28] An
accused is not put in jeopardy by preliminary examination and discharged
by the examining magistrate,[29] by an indictment which is quashed,[30]
nor by arraignment and pleading to the indictment.[31] In order to bar
prosecution, a former conviction must be pleaded.[32]

A plea of former jeopardy must be upon a prosecution for the same
identical offense.[33] The test of identity of offenses is whether the
same evidence is required to sustain them; if not, the fact that both
charges relate to one transaction does not make a single offense where
two are defined by the statutes.[34] Where a person is convicted of a
crime which includes several incidents, a second trial for one of those
incidents puts him twice in