“ The life and liberty of the citizen are precious things,-precious to the state as to the citizen; and concern for them is entirely consistent with a firm administration of criminal justice. I submit that the state seeks no convictions except in legal ways, and because it does not, it affords means of review of erroneous rulings and judgments, and freely affords such means. It does not clog them with conditions or forfeit by their exercise great and constitutional rights. Yet, in my judgment, such is the effect of the decision just rendered. ”

“ I will not stop to demonstrate that the conviction of the lesser crime of assault was an acquittal of the greater charge of murder. It has been made unnecessary by clear concession in the opinion that plaintiffs in error were acquitted of murder. Indeed (though it probably makes no difference in principle) , it was explicitly so found and pronounced in the judgment of the court of first instance. There is an exact parallel, therefore, between this case and the Kepner Case in all particulars but one. In the Kepner Case the appeal was by the United States ”

“ It is a well-settled rule of construction that language used in a statute, which has a settled and well-known meaning, sanctioned by judicial decision, is presumed to be used in that sense by the legislative body. The Abbotsford (The Abbotsford v. Johnson) 98 U.S. 440, 25 L. ed. 168.'
If this language expresses a proper and determining test of once in jeopardy against the appeal of the United States, it must also be the test of once in jeopardy against the appeal of the accused in the case at bar. By that test the judgment should be reversed. ”