Grafton v. United States
Supreme Court of the United States
IN ERROR TO THE SUPREME COURT OF THE PHILIPPINE ISLANDS. The facts are stated in the opinion. The plaintiff in error, having been triéd and acquitted of the- alleged homicide by a lawfully constituted court, having jurisdiction of his..person'and the subject matter of the offense, his second trial unlawfully'put him in jeopardy- of punishmént.; a second time for the same offense, in direct violation of the Fifth Amendment, and sec. 5 of the Act of July 1, 1902 (32 Stat. at…
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IN ERROR TO THE SUPREME COURT OF THE PHILIPPINE ISLANDS. The facts are stated in the opinion. The plaintiff in error, having been triéd and acquitted of the- alleged homicide by a lawfully constituted court, having jurisdiction of his..person'and the subject matter of the offense, his second trial unlawfully'put him in jeopardy- of punishmént.; a second time for the same offense, in direct violation of the Fifth Amendment, and sec. 5 of the Act of July 1, 1902 (32 Stat. at L. 691, chap. 1369). Our courts have always .guarded, with jealous care, the constitutional right of accused persons not…
1Opinion of the CourtJustice Hablan
The writ of error brings up for review a judgment of the Supreme Court of the Philippine Islands,, affirming a judgment of the. Court of First Instance in the Province of Iloilo, by which the plaintiff in error, Grafton, was adjudged guilty of homicide as defined by the Penal Code of the Philippines, and sentenced to imprisonment for twelve years and one day;
The history of this criminal prosecution, as disclosed by, the record, is as follows:
• Homer E. Grafton, a private in the Army of the United States, was tried before a general court-martial convened in 1904 by Brigadier Genéral Carter,…
2Cases cited8 opinions
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- Carter v. McClaughrySupreme Court of the United States · 1902
- Moore v. IllinoisSupreme Court of the United States · 1852
- Ex Parte ReedSupreme Court of the United States · 1879
- Fox v. OhioSupreme Court of the United States · 1847
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3Cited by272 opinions
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- United States v. WheelerSupreme Court of the United States · 1978
- Bartkus v. IllinoisSupreme Court of the United States · 1959
- Abbate v. United StatesSupreme Court of the United States · 1959
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