Flemister v. United States
207 U.S. 372 (1907)

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U.S. Supreme Court

Flemister v. United States, 207 U.S. 372 (1907)

Flemister v. United States

No. 70

Submitted December 5, 1907

Decided December 16, 1907

207 U.S. 372

Syllabus

Trono v. United States,199 U. S. 521, followed as to the power of the Supreme Court of the Philippine Islands to increase the sentence of one convicted in the court of first instance and appealing to the Supreme Court.

One is not placed in second jeopardy within the meaning of the Philippine bill of rights by being tried for an assault on an officer because he has already been convicted for a breach of the peace and assault upon another

Page 207 U. S. 373

person at the same time and place, and where it appears that the assault on the officer was not relied on or proved as part of the offense for which he was first convicted.

The facts are stated in the opinion.

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