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An appeal was a procedure in English law to bring about a prosecution by a private party of an individual accused of a heinous crime. (2025). 9781886363151, William Young Birch, and Abraham Small. ISBN 9781886363151
An appeal could be used to accuse a British subject of high treason. It could also be used by someone when either they or a close relation had been the victim of a crime, such as murder, rape or arson. Unlike Crown prosecutions, if a person was convicted on appeal, the Crown did not have the option of a pardon.
An acquittal following an appeal prevented any further prosecution for the same offence (the doctrine of double jeopardy), just as if the proceedings had been brought by the Crown (by indictment). The appellor would be punished with one year's imprisonment, and pay a fine to the king, besides restitution of damages to the appellee.
Appeals were likely available in American states pursuant to common law incorporation statutes, but may no longer be available.For example:
Appeals were abolished in England and Wales following the 1817 case of Ashford v Thornton where an appeal was withdrawn following the defendant requesting a trial by battle.
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