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Kepner Vs. United States
Cites for this judgment
- US Supreme Court
- May 31, 1904
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Kepner v. UnitedSearch
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States - 195 U.S. 100 (1904) U.S. Supreme Court Kepner v. UnitedSearch
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States, 195 U.S. 100 (1904) Kepner v. UnitedSearch
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is settled by an unbroken line of decisions of this court, and is no longer open to question. American Ins. Co. v. CanterSearch
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Mormon Church v. UnitedSearch
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to the common law from which it was taken. 1 Kent, Com. 336. United Page 195 U. S. 126 States v. WongSearch
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the common law, the principles and history of which were familiarly known to the framers of the Constitution. Minor v. HappersettSearch
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Brief any citation in this list with AI Studio
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Boyd v. UnitedSearch
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Smith v. AlabamaSearch
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Bradley, J., in Moore v. UnitedSearch
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offense. The rule is thus stated by Hawkins in his Pleas of the Crown, quoted by Mr. Justice Story in United States v. GibertSearch
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And, in as late a case as Wemyss v. HopkinsSearch
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with a crime before a tribunal properly organized and competent to try him, certainly so after acquittal. Coleman v. TennesseeSearch
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jeopardy as much as he could have been in those tribunals where a jury is alone competent to convict or acquit. People v. MinerSearch
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State v. BowenSearch
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State v. LayneSearch
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Tennessee 668. In United States v. SangesSearch
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In the course of the opinion Justice Gray cites, among other cases, Com. v. CommingsSearch
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and Same v. McGinnisSearch
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by statute after an acquittal of the offense is shown by the subsequent decision of this court in United States v. BallSearch
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and therefore no bar to subsequent indictment and trial in a court which has jurisdiction of the offense. Commonwealth v. PetersSearch
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upon an acquittal, the defendant, indeed, will not seek to have it reversed, and the government cannot. United States v. SangesSearch
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although not followed by any judgment, is a bar to a subsequent prosecution for the same offense. United States v. SangesSearch
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Commonwealth v. TuckSearch
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West v. StateSearch
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which deny the right of second trial where a competent court has convicted or acquitted the accused. People v. WebbSearch
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The author's conclusion has support in the case of People v. MinerSearch
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of that State, providing that no person shall be put twice in jeopardy for the same offense. So, in the case of People v. WebbSearch
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The case of State v. LeeSearch
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upon the subject of jeopardy, and we conclude there is none. The exceptional character of the decision in State v. LeeSearch
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People v. CorningSearch
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he may be tried a second time, even for his life, if the jury Page 195 U. S. 135 disagree, United States v. PerezSearch
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Simmons v. UnitedSearch
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Logan v. UnitedSearch
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Thompson v. UnitedSearch
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their agreement and verdict, if the verdict is set aside on the prisoner's exceptions for error in the trial. Hopt v. PeopleSearch
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I may refer further to the opinions of Kent and Curtis in People v. OlcottSearch
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Curtis, 23, and to the well reasoned decision in State v. LeeSearch
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mistake that did him harm. It cannot matter that the prisoner procures the second trial. In a capital case, like Hopt v. PeopleSearch
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cannot waive, and certainly will not be taken to waive without meaning it, fundamental constitutional rights. Thompson v. UtahSearch
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on the face of the record, as when he is tried on a defective indictment, if judgment is not arrested. United States v. BallSearch
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was decided, and it is all that was decided or intimated, relevant to this case, in Wemyss Page 195 U. S. 137 v. HopkinsSearch
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