| Show SENTENCE BY COURT MARTIAL I Where Life Was Put In Jeopardy And Defendant Acquitted Cant Be Tried by Civil Court HOLDS U 8 S SUPREME COURT Decided In III l e of o Homer Hom K It A In Army Charged Chr 1 With smS nf T tun May Iy 1 2 The case of ot Homer K l the United Unit States which w has haH attracted much at It attention wax WM decided lc l oll by b tho court of o the United IJ nit Ill Slates Slat ON today lolu In III favor nO ot Grafton H I a 1 In the United Slates army and ho wan charged tho he ns Its of lit two till Filipino natives at al r 1 1 on July 23 lie claimed to havu l l 1011 attacked and 1111 to havo hlo hot the two tW men lIn In nse and 15 acquitted by the which civil of or tho l aland land look the matter mattel In hand h with result that wa 11 sentenced on a II charge of ot homicide to a It term torm of or ot U 1 yeats thu tho matter to the tha court of oe the tho United States on a writ of ot error with the tho result thit the ot or the Philippine civil Wises tn el both reversed The fhe opinion was announce by b C and unon the theory Hint Graf Graftons tons could not lot be put In Jeopardy as at It wa IM by 11 trial In both thu military civil courts The opinion orders that be Je from custody custod Justice considered at some KOme length the Iho question of at tho Iho jurisdiction In I and HII concluded jurisdiction existed lj III then thell entered upon tho thu of ut the I pica that In III reali reality ty I the man had ha committed two to of offenses f one on military law III and 1 the tho theother other walnut civil Vf 1111 HEild assent lII enl to II thIs 1 and uro 1110 lt to In lorcH how It Itis is J nt with thi tho concession that thata a 1 senera has hns e to try tn nn In or soldier of oC the for tor that Which the civil to tn be Ie a II crime against n the public I III Thu ho prohibition of Jeopardy for tha same samo offense that I such prohibition U I cither by b op oration of tho Constitution or by 1 net ot J Congress no 1111 person be bo put pul In Jeopardy of ot lite or III limb for tor tho offense onen e a It court lOun Iroe Ing under tho Iho authority of ot the United States cannot withhold from an Ill or 01 soldier of If the tho the tho full tull ot of that guaranty after he hI hns been heen once trl d In a n military court coull of or Jurisdiction e our lon ot of this II S Stion tion tho In on d 1 that 1 t tho sumo samo dots crime tho Iho United s r after I the ic or of ot the In Ina a It court of pf competent lent Jurisdiction bo I made tho bal of or i t second trial civil or military of or the Hume government |
