Legal Opinion

Gavieres v. United States

Supreme Court of the United States

Decided April 3, 1911No. 102PublishedCited by 612 opinions

ERROR TO THE SUPREME COURT OP THE PHILIPPINE ISLANDS. The facts, which involve the construction of the provisions in the Philippine Island act of July 1, 1902, as to second jeopardy, are stated in the opinion.

1Opinion of the CourtJustice Day

This case presents the single question whether the plaintiff in error, by reason of the proceedings, herein after stated, has been twice in jeopardy for the same offense.

Gavieres, plaintiff in error, was charged, convicted and sentenced in the Court of First Instance of the city of Manila, Philippine Islands, of a violation of Article 257 of the penal code of the Philippine Islands, whieh provides:

“The penalty of arresto mayor shall also be imposed on those who outrage, insult, or threaten, by deed or word, public officials or agents of the authorities, in their presence, or in a writing…

2Cases cited3 opinions

  1. Kepner v. United StatesSupreme Court of the United States · 1904
  2. Burton v. United StatesSupreme Court of the United States · 1906
  3. Grafton v. United StatesSupreme Court of the United States · 1907

3Cited by612 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Brown v. OhioSupreme Court of the United States · 1977
  3. Pinkerton v. United StatesSupreme Court of the United States · 1946
  4. United States v. DixonSupreme Court of the United States · 1993
  5. Pereira v. United StatesSupreme Court of the United States · 1954

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