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CARBONELL v. PEOPLE OF PORTO RICO

No. 2193.

27 F.2d 253 (1928)

CARBONELL v. PEOPLE OF PORTO RICO.

Circuit Court of Appeals, First Circuit.

June 28, 1928.

Attorney(s) appearing for the Case

J. Henri Brown, of San Juan, Porto Rico, for plaintiff in error.

William Cattron Rigby, of Washington, D. C., and George C. Butte, Atty. Gen. (J. A. Lopez Acosta, of San Juan, Porto Rico, of counsel), for the People of Porto Rico.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

The main question in this case is whether Carbonell was subjected to double jeopardy, contrary to section 2 of the Porto Rican Organic Act, 39 Stat. 951, 48 USCA § 737.

Carbonell was indicted for the murder of Alfredo Martinez on January 16, 1923. At the first trial, in the district court for Mayaguez, he was found guilty of manslaughter only. On his appeal to the Supreme Court of Porto Rico, the judgment was reversed for error...

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