by John Marshall Harlan

“ A man may be compelled to make reparation in damages to the injured party, and be liable also to punishment for a breach of the public peace, in consequence of the same act; and may be said, in common parlance, to be twice punished for the same offense. Every citizen of the United States is also a citizen of a state or territory. ”

“ The facts which attended that killing would show the degree of such offense, whether assassination, of which the civil court might take cognizance if it acquired acted, or homicide, of which the military acted, or homicide, of when the military court could take cognizance if it acted before the civil court did. ”

“ The identity of the offenses is determined, not by their grade, but by their nature. One crime may be a constituent part of the other. The criterion is, Does the result of the first prosecution negative the facts charged in the second? It is apparent that it does. The acquittal of the defendant of the charge of manslaughter pronounces him guiltless of facts necessary to constitute murder and admits the plea of jeopardy.' The offense, homicide or manslaughter, charged against Grafton, was the unlawful il ling of a named person. ”

“ He who shall kill his father, mother, or child, whether legitimate or illegitimate, or any other of his ascendants or descendants or his spouse, shall be punished as a parricide, with the penalty of cadena perpetua to death. ”

“ The 62d article provides that the offender, when convicted, shall be punished at the discretion of the court, and the 97th article does no more than prohibit the court from sentencing him to imprisonment in a penitentiary in a case where, if he were tried for the same act in the civil courts, such imprisonment could not be inflicted.' In Carter v. ”