Gavieres v. United States,
220 U.S. 338 (1911)

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U.S. Supreme Court

Gavieres v. United States, 220 U.S. 338 (1911)

Gavieres v. United States

No. 102

Submitted March 13, 1911

Decided April 3, 1911

220 U.S. 338


Protection against double jeopardy was by § 5 of the Act of July 1, 1902, c. 1369, 32 Stat. 691, carried to the Philippine Islands in the sense and in the meaning which it had obtained under the Constitution and laws of the United States. Kepner v. United States, 195 U. S. 100.

The protection intended and specifically given is against second jeopardy for the same offense, and where separate offenses arise from the same transaction, the protection does not apply.

Page 220 U. S. 339

A single act may be an offense against two statutes, and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution or conviction under the other. Carter v. McClaughry, 183 U. S. 367.

In this case, held that one convicted and punished under an ordinance prohibiting drunkenness and rude and boisterous language was not put in second jeopardy by being subsequently tried under another ordinance for insulting a public officer, although the latter charge was based on the same conduct and language as the former. They were separate offenses, and required separate proof to convict. Grafton v. United States, 206 U. S. 333, distinguished.

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.

Page 220 U. S. 340

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