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Bouvier's Law Dictionary, Revised 6th Edition (1856)

JEOPARDY. Peril, danger. 2. This is the meaning attached to this word used
in the act establishing and regulating the post office department. The words
of the act are, "or if, in effecting such robbery of the mail the first
time, the offender shall wound the person having the custody thereof, or put
his life in jeopardy by the use of dangerous weapons, such offender shall
suffer death." 3 Story's L. U. S. 1992. Vide Baldw. R. 93-95.
3. The constitution declares that no person shall "for the same
offence, be twice put in jeopardy of life and limb." The meaning of this is,
that the party shall, not be tried a second time for the same offence after
he has once been convicted or acquitted of the offence charged, by the
verdict of a jury, and judgment has passed thereon for or against him; but
it does not mean that he shall not be tried for the offence, if the jury
have been discharged from necessity or by consent, without giving any
verdict; or, if having given a verdict, judgment has been arrested upon it,
or a new trial has been granted in his favor; for, in such a case, his life
and limb cannot judicially be said to have been put in jeopardy. 4 Wash. C.
C. R. 410; 9 Wheat. R. 579; 6 Serg. & Rawle, 577; 3. Rawle, R. 498; 3 Story
on the Const. Sec. 1781. Vide 2 Sumn. R. 19. This great privilege is secured
by the common law. Hawk. P. C., B. 2, 35; 4 Bl. Com. 335.
4. This was the Roman law, from which it has been probably engrafted
upon the common law. Vide Merl. Rep. art. Non bis in idem. Qui de crimine
publico accusationem deductus est, says the Code, 9, 2, 9, ab alio super
eodem crimine deferri non potest. Vide article Non bis in idem.