grafton
argued
decided
may
clarence
nettles
john
atwood
frederic
mckenney
plaintiff
error
solicitor
general
hoyt
defendant
error
justice
harlan
delivered
opinion
writ
error
brings
review
judgment
philippine
islands
affirming
judgment
first
instance
province
iloilo
plaintiff
error
grafton
adjudged
guilty
homicide
defined
penal
code
philippines
sentenced
imprisonment
twelve
years
one
day
history
criminal
prosecution
disclosed
record
follows
homer
grafton
private
army
tried
general
convened
brigadier
general
carter
commanding
department
visayas
philippine
islands
upon
following
charge
specifications
violation
article
war
specification
private
homer
grafton
company
infantry
sentry
post
unlawfully
wilfully
feloniously
kill
florentino
castro
philippino
shooting
magazine
rifle
caliber
buena
vista
landing
guimaras
july
specification
private
homer
grafton
company
infantry
sentry
post
unlawfully
wilfully
feloniously
kill
felix
villanueva
philippino
shooting
magazine
rifle
caliber
buena
vista
landing
guimaras
july
article
war
provided
time
war
insurrection
rebellion
larceny
robbery
burglary
arson
mayhem
manslaughter
murder
assault
battery
intent
kill
wounding
shooting
stabbing
intent
commit
murder
rape
assault
battery
intent
commit
rape
shall
punishable
sentence
general
committed
persons
military
service
punishment
case
shall
less
punishment
provided
like
offense
laws
state
territory
district
offense
may
committed
article
war
words
crimes
capital
disorders
neglects
officers
soldiers
may
guilty
prejudice
good
order
military
discipline
though
mentioned
foregoing
articles
war
taken
cognizance
general
regimental
garrison
field
officers
courtmartial
according
nature
degree
offense
punished
discretion
accused
pleaded
guilty
specification
well
charge
trial
made
following
admission
writing
admit
july
member
detachment
company
infantry
duty
buena
vista
landing
guimaras
july
regularly
detailed
guard
member
first
relief
post
hours
execution
duty
shot
two
male
philippinos
magazine
rifle
caliber
found
soldier
guilty
specification
guilty
charge
acquittal
approved
department
commander
august
released
confinement
restored
duty
appeared
proof
accused
excellent
character
stated
opinion
philippines
holding
department
commander
offered
submit
case
first
instance
province
appear
action
taken
judge
reference
offer
day
november
prosecuting
attorney
province
iloilo
philippine
islands
filed
criminal
information
complaint
name
first
instance
province
follows
subscriber
accuses
homer
grafton
crime
assassination
committed
manner
following
july
barrio
santo
rosario
within
jurisdiction
municipality
buena
vista
guimaras
island
pov
ince
iloilo
philippine
islands
said
accused
illegal
intention
maliciously
without
justification
treachery
deliberate
premeditation
killed
felix
villanueva
manner
following
said
day
said
barrio
said
accused
homer
grafton
rifle
carried
time
known
magazine
rifle
fired
shot
directly
felix
villanueva
causing
said
shot
serious
necessarily
fatal
wound
consequence
said
wound
aforesaid
felix
villanueva
died
immediately
infliction
thereof
violation
law
information
filed
well
martial
convened
philippines
penal
code
provided
follows
shall
kill
father
mother
child
whether
legitimate
illegitimate
ascendants
descendants
spouse
shall
punished
parricide
penalty
cadena
perpetua
death
without
included
preceding
article
shall
kill
person
guilty
assassination
deed
attended
following
circumstances
treachery
price
promise
reward
means
flood
fire
poison
deliberate
premeditation
vindictiveness
deliberately
inhumanly
increasing
suffering
person
attacked
person
guilty
assassination
shall
punished
penalty
cadena
temporal
maximum
degree
death
without
included
provisions
article
shall
kill
another
without
attendance
circumstances
specified
foregoing
article
guilty
homicide
person
guilty
homicide
shall
punished
penalty
reclusi
temporal
trial
first
instance
accused
interposed
demurrer
alleging
jurisdiction
try
offense
charged
following
reasons
acts
constituting
alleged
offense
committed
within
limits
military
reservation
soldier
duly
enlisted
army
line
duty
first
instance
philippine
islands
jurisdiction
persons
officers
enlisted
men
army
offenses
mitted
performance
military
duty
courts
constitutional
courts
contemplated
article
constitution
without
jurisdiction
try
causes
constitutional
courts
exclusive
jurisdiction
courts
philippine
islands
deprive
accused
constitutional
privilege
trial
jury
military
tribunal
constituted
authority
try
accused
upon
indictment
found
presented
grand
jury
demurrer
also
stated
held
jurisdiction
try
accused
pleaded
bar
proceedings
judgment
general
acquitting
offense
found
guilty
first
instance
demurrer
plea
overruled
trial
holding
jurisdiction
try
accused
plea
jeopardy
based
trial
insufficient
military
legally
taken
cognizance
crime
assassination
charged
information
violation
article
war
trial
first
instance
judge
thereof
without
jury
resulted
judgment
declaring
grafton
guilty
infraction
article
said
penal
code
crime
homicide
killing
said
felix
villanueva
time
place
manner
hereinbefore
stated
view
extenuating
ir
cumstances
remarked
upon
sentenced
imprisonment
prison
law
directs
term
twelve
years
one
day
minimum
term
minimum
degree
reclusi
temporal
penalty
homicide
pay
costs
prosecution
suffer
accessories
said
sentence
case
carried
philippines
judgment
affirmed
divided
plea
double
jeopardy
overruled
three
sevan
judges
opinion
facts
proved
trial
accused
acquitted
principal
contention
accused
acquittal
forbade
tried
civil
offense
bases
contention
part
upon
clause
amendment
constitution
providing
shall
person
subject
offense
twice
put
jeopardy
life
limb
part
upon
act
congress
july
providing
temporarily
administration
affairs
civil
government
philippine
islands
act
declared
person
offense
shall
twice
put
jeopardy
punishment
stat
chap
prohibition
double
jeopardy
applicable
criminal
prosecutions
philippines
settled
upon
full
consideration
recent
case
kepner
ed
sup
held
force
act
congress
prohibition
carried
philippines
became
law
islands
case
may
repeated
applicable
present
case
call
discussion
limitations
power
power
congress
require
determination
question
whether
jeopardy
clause
became
law
islands
ratification
treaty
without
congressional
action
act
congress
made
law
possessions
accused
tried
convicted
assume
indisputable
principle
authority
person
said
put
jeopardy
life
limb
acquitted
convicted
must
jurisdiction
try
offense
charged
alike
indisputable
martial
jurisdiction
try
officer
soldier
crime
judgment
accorded
finality
conclusiveness
issues
involved
attend
judgments
civil
case
may
legally
take
cognizance
ex
parte
reed
ed
referring
martial
said
jurisdiction
person
case
organism
provided
law
clothed
duty
administering
justice
class
cases
jurisdiction
proceedings
collaterally
impeached
mere
error
irregularity
committed
within
sphere
authority
judgments
approved
required
rest
basis
surrounded
considerations
give
conclusiveness
judgments
legal
tribunals
including
well
lowest
highest
like
circumstances
exercise
discretion
within
authorized
limits
assigned
error
made
subject
review
appellate
ex
parte
mason
ed
question
arose
whether
lawfully
sentence
officer
army
charged
offense
attempting
kill
prisoner
custody
imprisoned
hard
labor
penitentiary
accused
tried
article
war
said
offended
civil
military
law
pop
er
steps
taken
proceeded
civil
authorities
clear
duty
military
bring
trial
jurisdiction
whether
trial
courtmartial
tried
civil
courts
question
need
consider
enough
jurisdiction
proceed
done
within
powers
jurisdiction
objected
case
sentence
excess
law
allowed
referred
article
war
provided
person
military
service
shall
sentence
punished
confinement
penitentiary
unless
offense
may
convicted
statute
statute
state
territory
district
offense
may
committed
common
law
exists
state
territory
district
subject
convict
imprisonment
proceeded
article
offense
one
recognized
laws
regulating
civil
society
punishment
confinement
penitentiary
true
offense
though
recognized
civil
authorities
punishable
civil
courts
way
act
charged
prejudice
good
order
military
discipline
actually
crime
society
punishable
imprisonment
penitentiary
seems
us
clear
courtmartial
authorized
inflict
kind
punishment
act
done
civil
crime
trial
act
proceedings
offender
personally
amenable
jurisdiction
criminal
according
laws
land
prejudicial
good
order
discipline
army
belonged
article
provides
offender
convicted
shall
punished
discretion
article
prohibit
sentencing
imprisonment
penitentiary
case
tried
act
civil
courts
imprisonment
inflicted
carter
roberts
ed
sup
case
punishment
judgment
general
officer
army
observing
every
officer
entering
duties
office
subscribes
articles
war
enacted
congress
places
within
power
courtsmartial
pass
offense
may
committed
contravention
said
lawful
tribunals
authority
finally
determine
case
jurisdiction
proceedings
confirmed
provided
open
review
civil
tribunals
except
purpose
ascertaining
whether
military
jurisdiction
person
whether
though
jurisdiction
exceeded
powers
sentence
pronounced
language
repeated
carter
mcclaughry
ed
sup
thus
appears
settled
civil
tribunals
disregard
judgments
general
accused
officer
soldier
jurisdiction
try
offense
set
forth
charge
specifications
notwithstanding
civil
first
taken
hold
case
might
tried
accused
offense
even
one
higher
grade
arising
facts
inquire
whether
courtmartial
philippines
jurisdiction
try
grafton
offenses
charged
unnecessary
enter
upon
extended
discussion
question
entirely
clear
courtmartial
jurisdiction
try
accused
upon
charges
preferred
agin
st
article
war
express
words
confers
upon
general
regimental
garrison
field
officers
according
nature
degree
offense
jurisdiction
try
crimes
capital
committed
time
peace
officer
soldier
army
crimes
referred
article
manifestly
embrace
capital
committed
officers
soldiers
army
violation
public
law
enforced
civil
power
crimes
committed
officers
soldiers
army
excepted
article
jurisdicrtion
thus
conferred
upon
except
capital
nature
however
jurisdiction
general
courtsmartial
extends
crimes
capital
committed
public
law
officer
soldier
army
within
limits
territory
serving
jurisdiction
exclusive
concurrent
civil
courts
offenses
may
take
cognizance
article
war
first
acquire
jurisdiction
judgments
disregarded
civil
courts
mere
error
reason
affecting
jurisdiction
military
next
inquire
whether
acquitted
crime
homicide
defined
penal
code
philippines
grafton
subjected
thereafter
trial
offense
civil
tribunal
deriving
authority
martial
government
namely
punished
identical
offense
acquitted
judgment
civil
us
affirmed
beyond
question
appears
record
civil
adjudged
guilty
sentenced
imprisonment
specifically
infraction
article
said
penal
code
crime
homicide
said
trial
judge
offense
charged
grafton
civil
offense
said
punishable
philippines
penal
code
death
crime
military
articles
war
taken
cognizance
whereas
offense
tried
martial
homicide
defined
penal
code
guilty
homicide
defined
latter
section
penal
code
finding
acts
evidence
guilty
assassination
defined
former
section
code
looking
matter
another
way
suggestion
trial
judge
mean
simply
speaking
generally
civil
jurisdiction
try
officer
soldier
army
crime
assassination
may
yet
render
judgment
subjected
punishment
offense
included
charge
assassination
although
lesser
offense
previously
acquitted
another
competent
jurisdiction
view
wholly
inadmissible
upon
general
point
philippines
referring
defense
former
jeopardy
said
circumstance
civil
trial
murder
crime
time
peace
jurisdiction
prior
military
trial
manslaughter
defeat
defense
theory
identity
offenses
determined
grade
nature
one
crime
may
constituent
part
criterion
result
first
prosecution
negative
facts
charged
second
apparent
acquittal
defendant
charge
manslaughter
pronounces
guiltless
facts
necessary
constitute
murder
admits
plea
jeopardy
offense
homicide
manslaughter
charged
grafton
unlawful
il
ling
named
person
facts
attended
killing
show
degree
offense
whether
assassination
civil
might
take
cognizance
acquired
acted
homicide
military
acted
homicide
military
take
cognizance
acted
civil
tried
military
homicide
defined
penal
code
acquitted
charge
guaranty
exemption
twice
put
jeopardy
punishment
offense
value
accused
trial
assassination
arising
acts
punished
identical
offense
previously
acquitted
chitty
criminal
law
vol
pp
author
says
cases
necessary
two
charges
precisely
point
degree
sufficient
acquittal
one
show
defendant
guilty
thus
general
acquittal
murder
discharge
upon
indictment
manslaughter
upon
person
latter
charge
included
former
appeared
trial
defendant
might
convicted
inferior
offense
hand
acquittal
manslaughter
preclude
future
prosecution
murder
innocent
modified
crime
guilty
fact
addition
malice
design
bishop
treatise
criminal
law
ed
says
necessary
establish
defense
acquit
nvict
offense
indictment
name
transaction
rests
upon
facts
parties
sufficient
make
good
defense
com
roby
pick
said
acquittal
indictment
murder
good
bar
indictment
manslaughter
converso
acquittal
indictment
manslaughter
bar
prosecution
murder
first
instance
defendant
guilty
murder
manslaughter
found
guilty
latter
offense
upon
indictment
second
instance
since
defendant
guilty
manslaughter
guilty
manslaughter
circumstances
aggravation
enlarge
murder
starkie
crim
pl
ed
must
taken
present
record
affirmance
judgment
civil
subject
accused
punishment
acts
constituting
offense
previously
acquitted
military
complete
jurisdiction
try
punish
offense
attempted
punish
offense
attempted
grafton
committed
two
distinct
offenses
one
military
law
discipline
civil
law
may
prescribe
punishment
crimes
organized
society
whomsoever
crimes
committed
trial
either
offense
whatever
result
whether
acquittal
conviction
even
first
trial
competent
jurisdiction
bar
trial
another
government
offense
assent
view
think
inconsistent
principle
already
announced
general
existing
statutes
time
peace
jurisdiction
try
officer
soldier
army
offense
capital
civil
law
declares
crime
public
express
prohibition
double
jeopardy
offense
means
wherever
prohibition
applicable
either
operation
tion
action
congress
person
shall
twice
put
jeopardy
life
limb
offense
consequently
civil
proceeding
te
authority
withhold
officer
soldier
army
full
benefit
guaranty
tried
military
competent
jurisdiction
congress
express
constitutional
provision
power
prescribe
rules
government
regulation
army
rules
must
interpreted
connection
prohibition
man
put
twice
jeopardy
offense
former
provision
must
interpreted
nullify
latter
therefore
person
tried
offense
tribunal
deriving
jurisdiction
authority
acquitted
convicted
tried
offense
another
tribunal
deriving
jurisdiction
authority
different
interpretation
finds
sanction
articles
war
article
war
article
adopted
stat
chap
declares
take
persons
tried
second
time
offense
rest
decision
question
upon
broad
ground
acts
constituting
crime
acquittal
conviction
accused
competent
jurisdiction
made
basis
second
trial
accused
crime
another
civil
military
government
congress
chosen
discretion
confer
upon
general
courtsmartial
authority
try
officer
soldier
crime
capital
committed
territory
serving
done
judgment
military
placed
upon
level
judgments
tribunals
inquiry
arises
whether
accused
virtue
judgment
put
jeopardy
life
limb
possible
conflict
matters
civil
military
courts
obviated
either
withholding
authority
try
officers
soldiers
crimes
prescribed
civil
power
leaving
civil
tribunals
try
offenses
investing
exclusive
jurisdiction
try
officers
soldiers
crimes
capital
support
view
judgment
military
officer
soldier
army
acts
constituting
crime
civil
law
military
organization
bar
second
trial
civil
courts
acts
referred
fox
ohio
ed
marigold
ed
moore
illinois
ed
nothing
said
determined
either
cases
conflicts
decision
case
cases
especially
moore
case
question
mooted
whether
acts
treated
crimes
state
suggested
person
punished
two
governments
account
act
constituting
crime
without
violating
amendment
speaking
justice
grier
said
offense
legal
signification
means
transgression
law
man
may
compelled
make
reparation
damages
injured
party
liable
also
punishment
breach
public
peace
consequence
act
may
said
common
parlance
twice
punished
offense
every
citizen
also
citizen
state
territory
may
said
owe
allegiance
two
sovereigns
may
liable
punishment
infraction
laws
either
act
may
offense
transgression
laws
thus
assault
upon
marshal
hindering
execution
legal
process
high
offense
perpetrator
liable
punishment
act
maybe
also
gross
breach
peace
state
riot
assault
murder
subject
person
punishment
state
laws
misdemeanor
felony
either
may
see
fit
punish
offender
doubted
yet
truly
averred
offender
twice
punished
offense
one
act
committed
two
offenses
justly
punishable
plead
punishment
one
bar
conviction
consequently
decided
case
fox
ohio
ed
state
may
punish
offense
uttering
passing
false
coin
cheat
fraud
practised
citizens
case
marigold
supra
congress
proper
exercise
authority
may
punish
act
offense
clear
cases
cited
point
government
governments
several
exercise
respective
powers
move
different
lines
government
power
except
expressly
necessary
implication
granted
several
may
exert
powers
inconsistent
constitution
republican
form
government
surrendered
general
government
offense
punished
authority
tribunals
created
laws
whereas
offense
state
punished
authority
tribunals
act
held
moore
case
may
constitute
two
offenses
one
state
things
predicated
relations
philippines
government
state
derive
powers
government
philippines
owes
existence
wholly
judicial
tribunals
exert
powers
authority
jurisdiction
authority
territory
inhabitants
legitimate
purposes
government
paramount
cases
holding
acts
committed
state
union
may
constitute
offense
also
distinct
offense
state
apply
two
tribunals
tried
accused
exert
powers
authority
government
may
difficult
times
determine
whether
offense
officer
soldier
tried
every
substantial
respect
offense
previously
tried
therefore
attempt
formulate
rule
every
conceivable
case
must
solved
passing
questions
discussed
counsel
might
arise
record
restricting
decision
question
double
jeopardy
adjudge
consistently
act
reasons
stated
plaintiff
error
soldier
army
acquitted
crime
homicide
alleged
committed
philippines
military
competent
jurisdiction
proceeding
authority
subsequently
tried
offense
civil
exercising
authority
territory
sufficient
dispose
present
case
judgment
must
reversed
case
remanded
directions
philippines
order
complaint
information
first
instance
dismissed
plaintiff
error
discharged
custody
ordered