by John Marshall Harlan

“ Much more should the Federal court accept the judgment of a state court, based upon a verdict of acquittal of a crime against the state, whenever, in a case in the Federal court, it becomes material to inquire whether that particular crime against the state was committed by the defendants on trial in the Federal court for an offense against the United States. ”

“ Where the commission of a Federal offense is accompanied by an offense committed against the laws of the state, it is no doubt competent to so measure the punishment for the Federal offense as to make it equal to the punishment prescribed by the state for the crime committed against the state in the act of violating the Federal law. ”

“ The third count charges substantially the commission of the same offense of conspiracy and murder, because of the exercise by the citizens named of the right and privilege secured to them by the Constitution and laws of the United States to accept public employment from and to enter the service of the United States as officers, agents, and employees, and to be secure in their persons from bodily harm, injury, and cruelties while discharging the duties belonging to them as such officers, agents, and employees. ”