CANAL ZONE V. GIBBS.

WM. H. JACKSON, J. The defendant was tried in the Circuit Court of the Third Judicial Circuit on December 12, 1912, upon an information which charged that "Thomas Gibbs on the 15th day of November, A. D. 1912, in the circuit aforesaid, did then and there wilfully, unlawfully, and feloniously return to the Canal Zone-in that the said Thomas Gibbs had theretofore, on the 16th day of June, 1910, been convicted of the offense of grand larceny in the Circuit Court for the Third Judicial Circuit of the Canal Zone, and had been by said court on the 16th day of June, 1910, sentenced to serve 2 years' imprisonment in the penitentiary of the Canal Zone for said offense, and had thereafter, on the 15th day of April, 1912, after the service of such imprisonment, been depoi ted from the Canal Zone." He was found guilty as charged in the information, and sentenced to a term of 1 year in the pentitentiary. The defendant moved to set aside the verdict and to grant a new trial on the ground that the verdict was contrary to the law and the evidence and manifestly against the weight of the evidence. To the overruling of this motion the defendant duly excepted, and prayed the court to certify the facts proved on the trial, which facts so certified are as follows:
The defendant, Thomas Gibbs, is a Panamanian, and lived at Colon long prior to the American occupation of the Canal Zone. That prior to the 15th day of April, 1912, lie was convicted of the offense of grand larceny, it appearing that such larceny consisted in stealing from passengers in a coach which such defendant was driving, and served a term of imprisonment in the Canal Zone penitentiary at Culebra, whence he was released on or about the 15th day of April, 1912, and deported to his home at Colon, Republic of Panama; the deportation order reading "deported to Panamanian territory", where he engaged himself in the business of coach driving. That he was seen several times in Cristobal, Canal Zone, transporting passengers from Colon to Cristobal and from Cristobal to Colon. That he never resided in the Canal Zone, nor is he a citizen thereof, and was only seen therein in his capacity as a.coach driver. That on the 15th of November, 1912, he was seen at the Cristobal Commissary with a passenger, and on being approached and told that he was under arrest, ran over to Colon. That on the 29th day of November, 1912, he was rearrested in Colon, Republic of Panama, brought to the Canal Zone, and charged with the offense as stated in the information, and for which he was convicted and sentenced to 1 year in the penitentiary at Culebra.
The case is here on appeal from the judgment and sentence of the court below, and the question preented i3, whether the'facts as certified by the court constitute a violation o1 the provisions of the Executive Order of May 2, 1911. Said Executive Order is as follows:
Article 1. If any person after having been convicted and having served a sentence of imprisonment in the Canal Zone, and after being departed there-

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