Diaz v. United States
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE PHILIPPINE ISLANDS. On May 30, 1906, at San Carlos, Province of Occidental Negros, Philippine Islands, Gabriel Diaz, by blows and kicks, inflicted bodily injuries upon Cornelio Alcanzaren, and by reason thereof was the next day charged before the justice of the peace of San Carlos with assault and battery. At the hearing upon that charge Diaz was found guilty of a misdemeanor and fined fifty pesetas and costs, which he paid.
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ERROR TO THE SUPREME COURT OF THE PHILIPPINE ISLANDS. On May 30, 1906, at San Carlos, Province of Occidental Negros, Philippine Islands, Gabriel Diaz, by blows and kicks, inflicted bodily injuries upon Cornelio Alcanzaren, and by reason thereof was the next day charged before the justice of the peace of San Carlos with assault and battery. At the hearing upon that charge Diaz was found guilty of a misdemeanor and fined fifty pesetas and costs, which he paid. Subsequently, on the twenty-sixth of June, Alcanzaren died, and Diaz was then charged before the same justice of the peace with…
1Opinion of the CourtJustice Van Devanter
The provision against double jeopardy, in the Philippine Civil Government Act of July 1, 1902,. 32 Stat. 691, c. 1369, § 5, is in terms restricted to instances where the second jeopardy is “for the same offense” as was the first. Gavieres v. United States, 220 U. S. 338. That was not the case here. The homicide charged against the accused in the Court of First Instance and the assault and battery for which he was tried before the justice of the peace, al*449though identical in some of their elements, were distinct offenses both in law and in fact. The. death of the injured person was the…
2Cases cited22 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- Lewis v. United StatesSupreme Court of the United States · 1892
- Gavieres v. United StatesSupreme Court of the United States · 1911
- Kepner v. United StatesSupreme Court of the United States · 1904
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