At common law, protection from second jeopardy for the same offense clearly included immunity from second prosecution where the court having jurisdiction had acquitted the accused of the offense, and it is the settled law of this court that former jeopardy includes one who has been acquitted by a verdict duly rendered, although no judgment be entered on the verdict and it was found upon a defective indictment. The second jeopardy is not against the peril of second judgment, but against being again tried for the same offense.