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Criminal Law. Double. Jeopardy — Dangerous Weapons. Construction Confrontation with Witnesses — Waiver — of Statutes — Sullivan Anti-Pistol Law — Philippine Bill of Rights. U. S. Bill of Rights. N. Y. The Sullivan anti-pistol law, in New Where defendant had been convicted York State, has been practically de before a justice of the peace, in the prived of the effect sought by the Philippine Islands, of assault and battery, and the person assaulted subsequently Legislature or by judicial construction. died and defendant was convicted of Mr. Justice Gerard, in the Supreme homicide on evidence derived from the Court of New York County, rendered record of former proceedings, it was a decision April 4, reading into the act held, in Diaz v. U. S., 222 U. S. 574, the qualification that the weapon must that the prosecution of the accused, be concealed in order to justify prose under such circumstances, for homicide, cution for a misdemeanor. In the Vigorito case, it was charged does not put him twice in jeopardy, in that the defendant had entered a violation of the Bill of Rights of the Turkish bath establishment and placed Philippine Islands enacted by Congress a revolver with his other valuables in in 1902. a box provided by the management for It was also held that the right "to that purpose. "The witness," said Jus meet the witnesses face to face," under tice Gerard, "did not see the petitioner the Philippine Bill of Rights, is not take the revolver from his person and infringed by a judgment of conviction place it in his safe. The conjecture that of homicide resting in part upon testi the revolver was concealed, because the mony produced at the previous trial for witness did not see it until he found assault and battery. it in the box, is not sufficient to convict Under the Philippine Bill of Rights, of a criminal act." moreover, one accused of an offense not The Court reviewed the construction capital, who is not in custody, and who placed upon the act by the courts since was present when the trial was begun, its passage. Supreme Court Justice may waive his right to be present at Pendleton in People ex rel. Darling v. every stage of the proceedings, and the Warden held "that no police regulation court is then free to proceed as if he could be enforced which encroached upon were present. the rights of citizens which the Consti The Court, Van Devanter, J., writing tution intended to secure against abridge the opinion, professed to construe the ment." It was ruled that the possession foregoing rights under the Philippine of a firearm in one's home was an in fundamental law exactly as the same alienable right. rights have been construed under the In People ex rel. Prince v. Fallon, Constitution of the United States. where a pawnbroker was prosecuted for Lamar, J., dissented. exhibiting a revolver in his windows
