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DIAZ v. UNITED STATES

No. 384.

223 U.S. 442 (1912)

32 S.Ct. 250

56 L.Ed. 500

DIAZ v. UNITED STATES.

Supreme Court of United States.

Decided February 19, 1912.

Attorney(s) appearing for the Case

Mr. Frederic R. Coudert, with whom Mr. Howard Thayer Kingsbury was on the brief, for plaintiff in error.

The Solicitor General for the United States.

MR. JUSTICE VAN DEVANTER, after stating the case as above, delivered the opinion of the court.

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...

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