Response or Comment
About a year ago an appeal was decided in the Supreme Court of the United States which came up from the Supreme Court of the Philippine Islands, involving the question of the right of the government to appeal in a criminal case and to secure a conviction after an acquittal below. That case was Kepner v. United States, 195 U. S. 100. The court held, by a vote of five to four, that proceedings in error instituted by the government after an acquittal in the trial court, had the effect of placing the accused twice in jeopardy for the same offence, and were therefore unlawful, under the Act of Congress which provided a Bill of Rights for the Philippine Islands
Sunderland, Edson R. "Constitutional Privileges in the Philippine Islands." Mich. L. Rev. 4 (1906): 284-5.