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Gavieres v. United States, 220 U.S. 338 (1911)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Gavieres v. United States, 220 U.S. 338 (1911)
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Gavieres v. United States No. 102 Submitted March 13, 1911 Decided April 3, 1911 220 U.S. 338
ERROR TO THE SUPREME COURT
OF THE PHILIPPINE ISLANDS
Syllabus
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.
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.
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Chicago: U.S. Supreme Court, "Syllabus," Gavieres v. United States, 220 U.S. 338 (1911) in 220 U.S. 338 220 U.S. 339–220 U.S. 340. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=CGP3XWZ12YDFTPJ.
MLA: U.S. Supreme Court. "Syllabus." Gavieres v. United States, 220 U.S. 338 (1911), in 220 U.S. 338, pp. 220 U.S. 339–220 U.S. 340. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=CGP3XWZ12YDFTPJ.
Harvard: U.S. Supreme Court, 'Syllabus' in Gavieres v. United States, 220 U.S. 338 (1911). cited in 1911, 220 U.S. 338, pp.220 U.S. 339–220 U.S. 340. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=CGP3XWZ12YDFTPJ.
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