green argued april decided december petitioner indicted tried federal first degree murder judge instructed jury find guilty either first degree murder second degree murder jury found guilty second degree murder verdict silent charge first degree murder trial judge accepted verdict entered judgment dismissed jury sentenced petitioner imprisonment appeal conviction reversed case remanded new trial remand petitioner tried first degree murder original indictment convicted first degree murder sentenced death notwithstanding plea former jeopardy held petitioner second trial first degree murder placed jeopardy twice offense violation fifth amendment conviction reversed pp petitioner jeopardy first degree murder came end jury discharged conclusion first trial retried offense pp making successful appeal improper conviction second degree murder petitioner waive constitutional defense former jeopardy second prosecution first degree murder charge pp order secure reversal erroneous conviction one offense defendant need surrender valid defense former jeopardy different offense convicted involved appeal pp trono distinguished pp george blow argued cause original argument george rublee ii reargument briefs charles ford leonard sand argued cause briefs solicitor general rankin assistant attorney general olney beatrice rosenberg carl imlay also brief original argument opinion justice black announced justice douglas case presents serious question concerning meaning application provision fifth amendment constitution declares person shall subject offence twice put jeopardy life limb jury found green guilty arson second degree murder find guilty charge murder first degree verdict silent charge trial judge accepted verdict entered proper judgments dismissed jury green sentenced one three years imprisonment arson five twenty years imprisonment murder second degree appealed conviction second degree murder appeals reversed conviction supported evidence remanded case new trial app remand green tried first degree murder original indictment outset second trial raised defense former jeopardy overruled plea time new jury found guilty first degree murder given mandatory death sentence appealed sitting en banc appeals rejected defense former jeopardy relying trono affirmed conviction app one judge concurred result three judges dissented expressing view green twice placed jeopardy violation constitution granted certiorari although green raises number contentions find necessary consider claim former jeopardy constitutional prohibition double jeopardy designed protect individual subjected hazards trial possible conviction alleged offense commentaries greatly influenced generation adopted constitution blackstone recorded plea auterfoits acquit former acquittal grounded universal maxim common law england man brought jeopardy life offence common law prohibited second punishment offence went forbid second trial offence whether accused suffered punishment whether former trial acquitted convicted accordance philosophy long settled fifth amendment verdict acquittal final ending defendant jeopardy even followed judgment bar subsequent prosecution offence ball thus one elemental principles criminal law government secure new trial means appeal even though acquittal may appear erroneous ball supra peters hobby cf kepner sanges moreover even essential verdict guilt innocence returned defendant placed jeopardy bar second trial charge well others taken position defendant placed jeopardy put trial jury jury discharged without consent tried wade hunter kepner general see american law institute administration criminal law double jeopardy prevents prosecutor judge subjecting defendant second prosecution discontinuing trial appears jury might convict time jeopardy regarded come end bar second trial cases unforeseeable circumstances arise first trial making completion impossible failure jury agree verdict wade hunter common law convicted person obtain new trial appeal except certain narrow instances harsh rule discarded courts legislatures provided defendant obtained reversal conviction appeal tried offense courts regarded new trial second jeopardy justified ground appellant waived plea former jeopardy asking conviction set aside courts viewed second trial continuing jeopardy attached first trial reasoning jeopardy come end accused acquitted conviction became final whatever rationalization also held defendant tried second time offense prior conviction offense set aside appeal ball case however much different question green first trial jury authorized find guilty either first degree murder killing perpetrating felony alternatively second degree murder killing malice aforethought jury found guilty second degree murder appeal conviction reversed case remanded new trial new trial green tried second degree murder first degree murder even though original jury refused find guilty charge way involved appeal reasons stated hereafter conclude second trial first degree murder placed green jeopardy twice offense violation constitution green direct peril convicted punished first degree murder first trial forced run gantlet charge jury refused convict given choice finding guilty either first second degree murder chose latter situation great majority cases country regarded jury verdict implicit acquittal charge first degree murder result case need rest alone assumption believe legitimate jury one reason another acquitted green murder first degree jury dismissed without returning express verdict charge without green consent yet given full opportunity return verdict extraordinary circumstances appeared prevented therefore seems clear established principles former jeopardy green jeopardy first degree murder came end jury discharged retried offense wade hunter brief believe case treated differently purposes former jeopardy jury returned verdict expressly read find defendant guilty murder first degree guilty murder second degree original trial prior appeal indisputable green tried first degree murder death resulting fire plea former jeopardy absolutely barred new prosecution even though might convincingly demonstrated jury erred failing convict offense even appealing conviction second degree murder still tried second time first degree murder appeal unsuccessful nevertheless government contends green waived constitutional defense former jeopardy second prosecution first degree murder charge making successful appeal improper conviction second degree murder accept paradoxical contention waiver vague term used great variety purposes good bad law normal sense however connotes kind voluntary knowing relinquishment right cf johnson zerbst man convicted second degree murder given long term imprisonment wholly fictional say chooses forego constitutional defense former jeopardy charge murder first degree order secure reversal erroneous conviction lesser offense short meaningful choice justice holmes observed regard matter kepner usually waiver expressed thought moreover imagined law deny prisoner correction fatal error unless waive rights important saved express clause constitution true kepner case arising philippine islands statutory prohibition double jeopardy justice holmes dissented holding government appeal acquittal criminal prosecution argued one continuing jeopardy case finally settled appeal without regard many times defendant tried view rejected position taken majority kepner completely accord deeply entrenched principle criminal law person acquitted offense prosecuted charge uniformly adhered basic premise example ball unanimous held verdict acquittal final reviewed error otherwise without putting defendant twice jeopardy thereby violating constitution using reasoning purports analogous expressed justice holmes kepner government alternatively argues green appealing prolonged original jeopardy conviction second degree murder reversed case remanded tried first degree murder without placing new jeopardy believe argument also untenable whatever may said notion continuing jeopardy regard offense defendant convicted offense secured reversal conviction appeal green convicted first degree murder offense involved appeal green appealed conviction arson conviction set aside surely one claim tried second time first degree murder reasoning initial jeopardy charge continued every offense alleged indictment finally adjudicated reduced plain terms government contends order secure reversal erroneous conviction one offense defendant must surrender valid defense former jeopardy offense also different offense convicted involved appeal stated terms case must willing barter constitutional protection second prosecution offense punishable death price successful appeal erroneous conviction another offense sentenced five twenty years imprisonment appeals said first opinion case defendant faced choice takes desperate chance securing reversal erroneous conviction law judgment place defendant incredible dilemma conditioning appeal one offense coerced surrender valid plea former jeopardy another offense exacts forfeiture plain conflict constitutional bar double jeopardy government argues however accept trono conclusive precedent green claim former jeopardy trono case arose philippine islands shortly annexed statutory prohibition double jeopardy time sharply divided took view constitutional guarantees applicable insular possessions particularly imposition guarantees disrupt established customs downes bidwell trono defendants charged murder acquitted trial instead found guilty lesser offense assault appealed assault conviction philippine acting peculiar local procedures modeled spanish practices allowed review facts law substitute findings trial judge set aside acquittal found guilty murder increased sentences review justice peckham writing three justices took position appealing conviction assault defendants waived plea former jeopardy regard charge murder said agree view accused right limit waiver jeopardy appeals judgment judgment stands appeals complete bar prosecution offense set forth indictment power wrest right use judgment chooses appeal thereby waives successful right avail former acquittal greater offense chief justice fuller justices harlan white mckenna dissented trono justice mckenna wrote dissent concurred justices white harlan course opinion stated effect held defendants appealed sought review authorized statute minor offense convicted given right try greater offense acquitted think guarantees constitutions laws construed submit state seeks convictions except legal ways affords means review erroneous rulings judgments freely affords means clog conditions forfeit exercise great constitutional rights may found decision supports exposition jeopardy expressed peckham opinion opposed general consensus opinion american text books criminal law overwhelming weight american decided cases believe either rationales offered support trono result adopted unduly impair constitutional prohibition double jeopardy right placed jeopardy offense vital safeguard society one dearly one continue highly valued great constitutional protections given narrow grudging application deprived much significance feel trono decision compels us forego conclusion second trial green first degree murder contrary letter spirit fifth amendment reversed footnotes code whoever sound memory discretion without purpose kills another perpetrating attempting perpetrate arson defined section guilty murder first degree section provides punishment murder first degree shall death electrocution code whoever malice aforethought except provided kills another guilty murder second degree punishment murder second degree shall imprisonment life less twenty years blackstone commentaries see ball prohibition twice punished twice put jeopardy accused whether convicted acquitted equally put jeopardy first trial see stephen history criminal law england gibert fed cas english law appellate power order new trial appeal except certain cases first trial complete nullity example trial without jurisdiction person subject matter see stephen commentaries laws england ed english appellate power substitute finding guilt lesser offense evidence warrants find defendant guilty offense acquitted increase sentence see halsbury laws england simonds ed cases cited see brewster swope state mccord cross commonwealth smith state see state aus mont cf griffin illinois substance situation though green charged different offenses separate alternative counts indictment constitutional issues stake turn fact offenses charged jury one count noted green claim former jeopardy based previous conviction second degree murder instead original jury refusal convict first degree murder many state courts considered problem concluded circumstances similar case defendant tried second time first degree murder state cases take contrary position general see annotations course many state decisions rest local constitutional statutory provisions see cases collected annotations cited supra annotation suggestion made district code second degree murder offense included charge first degree murder causing death course perpetrating felony commonly referred felony murder involves elements different necessary establish felony murder therefore green legally convicted second degree murder indictment fail comprehend suggestion aids government first place district columbia appeals expressly held second degree murder lesser offense proved charge felony murder goodall app green app even important green plea former jeopardy rest conviction second degree murder instead first jury refusal find guilty felony murder immaterial whether second degree murder lesser offense included charge felony murder vital thing distinct different offense anything fact classified lesser included offense charge felony murder buttresses conclusion green unconstitutionally twice placed jeopardy american courts held uniformity defendant charged two offenses neither lesser offense included within found guilty one second tried second even though secures reversal conviction even though two offenses related offenses charged indictment see annotation exception trono government appears concede brief pp double jeopardy problem raised case squarely palko connecticut brantley georgia kring missouri controlling since involved trials state courts stroud clearly distinguishable case defendant retried first degree murder successfully asked appellate set aside prior conviction offense course opinion justice peckham made general observations effect regarded statutory provision effect fifth amendment remarks essential decision even accepted full conclusive case interpretation fifth amendment necessarily decisive cf cohens virginia wheat humphrey executor justice white justice mckenna dissented justice holmes kepner refused agree trono dissent latter case justice mckenna attributed vote kepner fact philippine islands system jurisprudence totally different provided trial jury traditionally permitted appellate courts review law facts criminal cases substitute findings made trial judge justice peckham opinion also recognized peculiar nature philippine procedures justice frankfurter justice burton justice clark justice harlan join dissenting basis following facts concluded petitioner twice put jeopardy life violation fifth amendment constitution petitioner tried indictment two counts first count charged arson code second count charged murder first degree code perpetrating arson petitioner caused death one bettie brown submitting case jury second count trial instructed first second degree murder jury returned verdict finding petitioner guilty arson first count second degree murder second count verdict silent charge first degree murder entered judgment verdict sentenced petitioner terms imprisonment one three years first count indictment five twenty years second count petitioner appealed conviction second degree murder contending evidence support verdict offense appeals sustained claim reversed conviction ordered new trial ground since basis evidence finding petitioner guilty murder second degree error instruct jury issue app petitioner retried second count indictment convicted first degree murder sentenced death appeals nine judges sitting en banc affirmed conviction rejecting petitioner contention put twice jeopardy life violation federal constitution app chief judge edgerton judges bazelon fahy dissenting since prohibition constitution double jeopardy derived history significance scope must determined simply taking words dictionary considering origin line growth gompers origin constitutional protection found pleas autrefois acquit autrefois convict vaux case accepted established life man shall twice put jeopardy one offence reason cause auterfoits acquitted convicted offence good plea likewise blackstone stated plea auterfoits acquit former acquittal grounded universal maxim common law england man brought jeopardy life offence hence allowed consequence man fairly found guilty upon indictment prosecution competent jurisdiction offence may plead acquittal bar subsequent accusation crime bl comm try one previously convicted acquitted offense abhorrent law england regina tancock cox see king emden east principle deeply rooted law england indispensable requirement civilized criminal procedure inevitably part legal tradition english colonists america massachusetts body liberties early compilation principles drawn statutes common law england declared man shall twise sentenced civill justice one crime offence trespasse everie action betweene partie partie proceedings delinquents criminall causes shall briefly distinctly entered rolles every recorder thereof actions afterwards brought againe vexation man colonial laws massachusetts thus first congress proposed bill rights came task tradition double jeopardy founded ancient precedents english law legislation grown colonial experience necessities need principle general protection undisputed though scope clearly defined fear power newly established federal government required explicit avowal constitution plainest best established principles relation rights citizens rules common law people goodwin johns although many ratifying constitution proposed amendments considered indispensable secure rights citizen federal government new york alone proposed prohibition double jeopardy surprising view fact new hampshire principle embodied constitutional provision poore federal state constitutions colonial charters organic laws ed bill rights adopted new york convention transmitted congress ratification constitution included declaration person put twice jeopardy life limb one offence unless case impeachment punished offence documents illustrative formation union doc sess declaration doubtless madison drafted constitutional amendments proposed terms madison introduced house became specific provision present concern person shall subject except cases impeachment one punishment one trial offence annals cong debate provision committee whole evidenced concern language express members understood established principle fear proposed madison might taken prohibit second trial even sought defendant convicted representative benson new york objected provision presumed meant express established principle man life put jeopardy offence yet well known entitled one trial annals cong others spoke agreed although course second trial following acquittal prohibition extend second trial conviction set aside provision amended senate sess eventually ratified part fifth amendment constitution substantially language used representative benson express understanding common law question concerned house debating madison proposal relation prohibition double jeopardy power order new trial following conviction considered length justice story circuit gibert fed cas defendants case found guilty robbery high seas capital offense moved new trial justice story full consideration english american authorities concluded power grant new trial first trial duly valid indictment competent jurisdiction according view prohibition double jeopardy applied equally whether defendant acquitted convicted exception case new trial sought defendant benefit earlier justice story taken view constitutional provision perez wheat writing found discharge jury failed agree bar second trial see also story commentaries constitution story conclusion english law prohibited except rare instances granting new trial conviction felony undoubtedly correct see king mawbey occasion result expressly made depend maxim prohibiting double jeopardy queen murphy see bertrand see queen scaife day criminal appeals ordinarily power order new trial even quashing conviction appeal defendant criminal appeal act edw vii repeated efforts secure power met argument new trial least spirit offend principle defendant may put twice jeopardy offense see deb ser old practice english courts position taken justice story however generally rejected power grant new trial serious cases appears exercised many american courts early date spite provisions double jeopardy fries dall treason see people morrison parker crim rape keen fed cas decision rendered five years gibert supra justice mclean circuit vigorously rejected view constitutional provision prohibited new trial defendant motion conviction guarantees right hung protect danger second trial see fed federal courts occasion consider question also rejected justice story position see williams fed cas harding fed cas statements cast serious doubt validity see ex parte lange wall justice clifford dissenting hopt utah defendant fact retried three times following reversals convictions finally ball expressly rejected view double jeopardy provision prevented second trial conviction set aside two defendants case convicted murder writ error judgments reversed directions quash indictment defendants convicted new indictment affirming convictions said quite clear defendant procures judgment upon indictment set aside may tried anew upon indictment upon another indictment offence convicted literal reading constitutional provision eye exclusively interests defendants jeopardy entitled benefit reversal convictions without hazard new trial recognized however wooden interpretation distort purposes constitutional provision prejudice society legitimate interest convicting guilty much gibert distorted prejudice defendants see also murphy massachusetts precise question first came federal harding fed cas three defendants jointly indicted tried murder one convicted murder two manslaughter moved new trial new trial ordered defendant convicted murder two defendants case continued allow decide whether take new trial abide convictions justice grier warned defendants clearly understand weigh well position stand tried acquitted higher grade offence charged indictment penalty affixed death escaped let solemnly warn consider well choice shall make another jury instead acquitting altogether may find guilty whole indictment thus lives may become forfeit law fed trono fifty years harding case question passed upon justice grier first come trono came philippine islands plaintiffs error proceeded first instance complaint accusing murder first degree acquitted charge convicted included offense assault appealed philippines exercising jurisdiction similar conferred spanish law former audience review whole case facts law reversed judgment first instance convicted plaintiffs error crime homicide murder second degree increased punishment imposed first instance plaintiffs error sought review claiming action philippines placed twice jeopardy contravention declaration rights contained act july government philippines provision statute relied plaintiffs error declared person offense shall twice put jeopardy punishment stat language noted substantially identical fifth amendment constitution upon petitioner present case relies legal relation fifth amendment calls later consideration affirmed judgment philippines holding since plaintiffs error appealed convictions lower offense order secure reversal bar convicting higher offense proceedings appellate tantamount new trial canvassing state federal precedents justice peckham concluded better doctrine limit jury upon new trial consideration question guilt lower offense accused convicted first trial reversal judgment conviction opens whole controversy acts upon original judgment never pointed permitting retrial greater offense applied principle laid ball supra result justified theory accused waived right retried also ground constitutional provision really never intended properly construed cover case judgment circumstances annulled request accused trono left doubt decision turn surviving peculiarities spanish procedure fact plaintiffs error relied statutory provision rather fifth amendment may regard question thus presented stated justice peckham arose one federal courts country upon indictment greater offense jury found accused guilty offense guilty lower one included upon appeal judgment accused new trial granted appellate question whether upon new trial accorded accused tried greater offense dissenters dispute view case contrary concerned holding precisely constitutional implications justice harlan adhered view taken earlier cases bill rights applied islands justice mckenna principal dissent observed let remembered dealing great right may even say constitutional right opinion discusses case though circuit scope significance trono case underscored decision kepner rendered year case also arose philippine islands plaintiff error acquitted first instance offense charged appeal government islands judgment reversed plaintiff error convicted attorney general philippines solicitor general contended act july included prohibition double jeopardy involved trono case construed light system law prevailing philippines ceded brief attorney general philippines pp brief solicitor general pp jurisprudence proceedings audience regarded new trial extension preliminary proceedings first instance entire proceedings constituted one continuous trial jeopardy attached first instance terminate final judgment rendered audience rejected government contention held proceedings acquittal placed accused twice jeopardy whatever spanish tradition purpose congress carry least essential principles american constitutional jurisprudence islands engraft upon law people newly subject jurisdiction case require determination question whether jeopardy clause fifth amendment became law islands without congressional action act congress made law possessions accused tried convicted also rejected suggestion rights enumerated act congress used sense placed upon construing instrument taken justice holmes dissenting found case great importance immediate bearing upon administration justice philippines since words used act congress also constitution even decision necessarily carry interpretation latter instrument legislative history philippine bill rights act july made inevitable conclusion enactment congress extended islands double jeopardy provision fifth amendment notwithstanding surviving spanish procedures construe statute constitutional provision president mckinley famous instructions philippine commission dated april drawn leader american bar secretary war elihu root stated commission bear mind people islands made plainly understand certain great principles government made basis governmental system deem essential rule law maintenance individual freedom unfortunately denied experience possessed us also certain practical rules government found essential preservation great principles liberty law principles rules government must established maintained islands sake liberty happiness however much may conflict customs laws procedure familiar evident enlightened thought philippine islands fully appreciates importance principles rules inevitably within short time command universal assent upon every division branch government philippines therefore must imposed inviolable rules person shall deprived life liberty property without due process law private property shall taken public use without compensation criminal prosecutions accused shall enjoy right speedy public trial informed nature cause accusation confronted witnesses compulsory process obtaining witnesses favor assistance counsel defense excessive bail shall required excessive fines imposed cruel unusual punishment inflicted person shall put twice jeopardy offense public laws philippine commission lxvi decision trono emphatically decision although justice holmes concurred result opinion justice peckham doubt stood dissented kepner case ground trial retrial constituted one procedure entailing one continuous jeopardy second jeopardy conviction acquittal free legal error obtained dissatisfied opinion justice peckham trono case therefore remotely upheld accused conviction greater offense go adopt continuing jeopardy theory justice holmes espoused kepner case double jeopardy government appealed acquittal obviously none defendant appealed conviction indeed kepner explicitly stated considered state cases held defendant retried greater offense wrong many statements since trono show principle case good conscience rested criminal procedure philippine islands construction fifth amendment binding entire federal judiciary burton case arising continental referred principle established trono decision without suggestion confined cases arising philippines brantley georgia defendant convicted manslaughter indictment murder appeal state appeals conviction reversed defendant retried convicted murder although case concerned due process clause comprehensively stated case twice jeopardy view constitution special relevance stroud case defendant indicted murder jury returned verdict guilty charged indictment without capital punishment judgment reversed new trial defendant found guilty murder without recommendation capital punishment sentenced death expressly relied trono affirming judgment rejecting contention imposition greater punishment placed defendant twice jeopardy practical matter basis human values scarcely possible distinguish case defendant convicted greater offense one convicted offense name previously convicted carries significantly different punishment namely death rather imprisonment whatever formal disclaimers may made neither trono reliance placed upon half century permits conclusion today overrules decision furthermore case defendant position far less persuasive trono plaintiffs error expressly acquitted greater offense whereas present case petitioner relies implied acquittal based conviction lesser offense second degree murder jury silence greater offense surely silence jury contrary suggestion interpreted express finding defendant guilty greater offense confidence said jury fact silent every trial lawyer every trial judge knows jury verdicts logical products due considerations preclude accurate guessing logical deduction insofar state cases speak jury silence acquittal give fictional description legal result defendant found guilty lesser offense indictment charging serious one content accept conviction state may prosecute greater offense different situation presented considerations persuasive different legal result defendant content conviction appeals obtains reversal due regard additional considerations met stating though proposition jury silence purposes acquitted defendant moreover error district basis petitioner appeal first conviction kind peculiarly likely raise doubts jury first trial made considered determination petitioner innocence first degree murder instructing second degree murder evidence warrant finding offense gave jury opportunity compromise lenity available fact matter finding petitioner guilty arson count one indictment second degree murder count two jury found guilty elements necessary convict first degree felony murder charged judge erroneous instruction permitted jury undisclosed reason render irrational verdict unmindful even constitutional questions involved principle stare decisis whose circumspect observance wisdom institution transcending moment alone brought bear difficult problems confront us question present case effectively indistinguishable trono furthermore called upon weigh considerations generated changing concepts minimum standards fairness interpretation due process clause inevitably requires instead defense double jeopardy involved whose contours product history situation passage time enough conviction borne mind rightness overturning decision must surely highly compelling quality justify overruling precedent presented considerations fairly deemed wanting preceded us whatever might allowable result question retrying defendant greater offense first time fashion policy favorem vitae foreclosed decision trono even question first time justified erecting holding present case constitutional rule yet opinion treats question one within supervisory jurisdiction federal criminal procedure question answered fifth amendment therefore even congress undertake affect approach misconceives purposes double jeopardy provision without warrant constitution makes absolute interests accused disregard interests society palko connecticut held state permit prosecution appeal conviction second degree murder retrial secure conviction first degree murder without violating fundamental principles liberty justice since state interest obtaining trial free corrosion substantial legal error sufficient sustain conviction greater offense appeal state course sustain conviction defendant appealed although case defined conduct permissible due process clause fourteenth amendment wisely ignored tracing constitutional limits imposed federal government ignore fact substantial body opinion permits today condemns violative vital safeguard society restricts congress within limits experience many jurisdictions part protection double jeopardy required underlying purpose imposed upon exercise governmental powers undeniably framers bill rights concerned protect defendants oppression efforts secure callousness repeated prosecutions convictions whose justice man vouch hand also aware countervailing interest vindication criminal justice sets outer limits protections accused crimes thus defendant appeals conviction obtains reversal agree certainly country may retried offense reason obviously defendant consented second trial much prefer conviction set aside proceedings continuation proceedings appeal together reversal conviction sufficient permit issue defendant guilt without violence purposes behind double jeopardy clause balance represented clause leaves free another appeal law since propriety original proceedings called question defendant complete issues dispute appropriate unjust circumstances present case likewise reversal petitioner conviction sufficient reason justify complete new trial order parties might one free errors claimed prejudicial justice peckham pointed trono constitutional provision really never intended properly construed cover case judgment circumstances annulled request accused affirm judgment shall person subject offence twice put jeopardy life limb reversing petitioner conviction observed seeking new trial evidence substantially jury choice except find guilty first degree murder acquit green manifestly taking desperate chance may suffer death penalty oral argument inquired counsel whether green clearly understood possible consequence success appeal told appellant years age says prefers death spending rest life prison entitled new trial app instructions drawn guidance commission headed william howard taft cameron forbes governor general philippines asked taft history formation philippine policy written instructions president mckinley taft commission informed work secretary root wrote letter instructions read judge taft members commission suggestions modifications made main work intact forbes philippine islands address taft stated instructions conspicuous place history relations philippines congressional indorsement given documents whole history country secured philippine people guaranties bill rights except trial jury right bear arms issued president mckinley army navy exercise power congress glad leave without intervention four years thus absolute control done way establishing government philippine islands letter root fundamental law civil government established military authority subsequently congress assumed responsibility formally adopted expressly ratified letter instructions declared supplemented remaining provisions statute constitution government philippine islands charter liberties filipino people forbes philippine islands considered question permit retrial greater offense colorado see young people connecticut see state lee state palko aff georgia brantley state aff perdue state indiana see ex parte bradley ind state ex rel lopez killigrew ind kansas state mccord see christensen kentucky hoskins commonwealth mississippi jones state miss motion leave proceed forma pauperis denied want substantial federal question citing trono butler state miss missouri see state simms mo state stallings mo nebraska bohanan state neb submission cause set aside escape plaintiff error macomber state neb nevada somers see state teeter new jersey see state leo new york people palmer people mcgrath north carolina state correll see state matthews ohio state behimer ohio state robinson ohio app oklahoma watson state cr see pierce state cr south carolina see state gillis state steadman utah state kessler utah vermont see state bradley state pianfetti washington state ash state hiatt eight indiana kansas kentucky nevada new york ohio oklahoma utah result based extent statutes defining effect granting new trial four colorado georgia mississippi missouri special constitutional provisions permit retrial greater offense connecticut north carolina vermont constitutional provisions double jeopardy recognize prohibition defendant retried greater offense alabama see thomas state arkansas johnson state ark see hearn state ark california people gilmore cal people gordon cal hess cal see people keefer cal people mcneer cal app moore cal app delaware see state naylor del florida state ex rel landis lewis see mcleod state simmons state illinois brennan people people newman iowa state tweedy iowa state coleman iowa louisiana see state harville la michigan people farrell people gessinger new mexico state welch state white oregon state steeves state wilson pennsylvania commonwealth deitrick commonwealth flax tennessee see slaughter state humph reagan state texas jones state tex brown state tex cr see hill state tex cr joubert state tex cr beckham state tex cr hall state tex cr ex parte byrd tex cr virginia stuart commonwealth gratt see taylor commonwealth west virginia see state franklin wisconsin radej state see state state witte state evjue two virginia texas result based extent statutes prohibiting retrial greater offense new mexico constitutional provision effect