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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 4689. August 31, 1908. ]

THE UNITED STATES, Plaintiff-Appellee, v. GO TIAO (alias SUYA), Defendant-Appellant.

James J. Peterson for Appellant.

Attorney-General Araneta for Appellee.

SYLLABUS


1. OPIUM LAW; CRIMINAL PRACTICE AND PROCEDURE. — The accused was charged with illegally having in his possession opium pipes and other apparatus for using opium. Defense claimed that, as the witness for the prosecution swore that he had been the defendant smoking opium, the complaint should have been framed under section 4, instead of section 7, of Act No. 1761. Held, That inasmuch as witness also testified that he saw the specified objects in the possession of the accused, the complaint and the conviction thereunder were proper.


D E C I S I O N


TRACEY, J.:


The accused was charged in the complaint with having in his possession opium pipes and other apparatus for using opium, without a prescription of a duly licensed and practicing physician or a permit from the Collector of Internal Revenue. It is claimed that because the witness for the prosecution swore that he had seen the accused smoking opium the complaint should have been framed under section 4 of Act No. 1761, instead of under section 7. Inasmuch as the witness also testified that he saw the specified objects in the possession of the accused the complaint and the conviction thereunder were proper.

The sentence of the court below to imprisonment for six months in the provincial jail, and the payment of the costs, is hereby affirmed, with the costs of this instance. So ordered.

Arellano, C.J., Torres, Mapa, Carson and Willard, JJ., concur.

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