Morgan v. Devine
Supreme Court of the United States
APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES POR THE DISTRICT OP KANSAS. The facts, which involve the construction of §§ 190 and 192, Penal Code, and questions of separate offenses and punishment for breaking into a post office and committing larceny of property of the Post Office Department under the double jeopardy provision of the Fifth Amendment, are stated in the opinion. Sections 190 and 192 define and punish two offenses.
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APPEAL PROM THE DISTRICT COURT OP THE UNITED STATES POR THE DISTRICT OP KANSAS. The facts, which involve the construction of §§ 190 and 192, Penal Code, and questions of separate offenses and punishment for breaking into a post office and committing larceny of property of the Post Office Department under the double jeopardy provision of the Fifth Amendment, are stated in the opinion. Sections 190 and 192 define and punish two offenses. The same evidence test should be applied. For the declared law, see 1 Bishop, New Crim. Law, § 1062 and p. 630. Halligan v. Wayne, 179 Fed. Rep. 112, is…
1Opinion of the CourtJustice Day
This case was submitted at the same time with Ebeling v. Morgan, just decided, ante, p. 625, and involves to a considerable extent the same questions. The appellees, Devine and Pfeiffer, pleaded guilty to an indictment containing two counts in the District Court of the United States for the Eastern Division of the Southern District of Ohio, the first count being under § 192 of the Penal Code, charging that the appellees did on January 13, 1911, in the County of Delaware, in the State of Ohio, unlawfully and forcibly break into and enter a building used in whole as a post office of the United…
2Cases cited7 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- Gavieres v. United StatesSupreme Court of the United States · 1911
- Burton v. United StatesSupreme Court of the United States · 1906
- Carter v. McClaughrySupreme Court of the United States · 1902
- H. Hackfeld & Co. v. United StatesSupreme Court of the United States · 1905
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3Cited by349 opinions
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