MR. JUSTICE DAY delivered the opinion of the court.
This case involves the question just decided in Kepner v. United States, ante, p. 100. The plaintiff in error was acquitted in the court of first instance and convicted in the Supreme Court of the Philippine Islands.
For the reasons stated in the Kepner case, the judgment herein is reversed, and the prisoner discharged.
Dissenting: MR. JUSTICE BROWN, MR. JUSTICE WHITE, MR. JUSTICE McKENNA and MR. JUSTICE HOLMES.