“ No tribunal or officer deriving its authority from the United States can disregard the mandatory injunctions of the Constitution by which the government of the United States is created, and under the sanction of which alone that government exists and performs its functions. It may be that the application of these principles to the Philippine Islands and to the people who inhabit them may, particularly in criminal prosecutions, prove sometimes to be inconvenient. ”

“ The judgment of the Supreme Court of the Philippine Islands is right, and it is affirmed.
Mr. Justice Holmes concurs in the result.
The plaintiffs in error were tried by one of the courts of first instance in the Philippine Islands for the crime of murder. The trial was before a single judge, without a jury, and simply upon a written complaint filed by an individual with a justice of the peace. The judge who tried the accused found them not guilty of murder, and guilty only of assault. For the latter offense they were each sentenced to six months' imprisonment. ”

“ When, at his own request, he has obtained a new trial, he must take the burden with the benefit, and go back for a new trial of the whole case. It does not appear to us to be a practice founded on solid reason to permit such a limited waiver by an accused party while himself asking for a reversal of the judgment. ”

“ He, therefore, waives his privilege as to one and keeps it as to the other. It is upon this principle that where, by a verdict of guilty on one count or for one offense, and an acquittal on or for another, there has been a partial conviction on an indictment, and on writ of error there has been a reversal of the conviction, the acquittal still stands good, and is, as to that count or offense, a bar. ”

“ No power can wrest from him the right to so use that judgment, but if he chooses to appeal from it, and to ask for its reversal, he thereby waives, if successful, his right to avail himself of the former acquittal of the greater offense, contained in the judgment which he has himself procured to be reversed. ”

“ It is urged, however, that he has no power to waive such a right, and the case of Hopt v. Utah, 110 U.S. 574, 28 L. ed. 262, 4 Sup.Ct.Rep. 202, is cited as authority for that view. We do not so regard it. ”