FIRST DIVISION
[G.R. No. L-12474. October 13, 1917. ]
THE UNITED STATES, Plaintiffs-Appellees, v. MORO ALI AKBAL, Defendant-Appellant.
J.S. Alano for Appellant.
Attorney-General Avaceña for Appellee.
SYLLABUS
1. OPIUM LAW; U.S. v. CASTAÑEDA AND EDRALIN AND U.S. v. LIM SING FOLLOWED. — The doctrine announced in the case of the United States v. Castañeda and Edralin (18 Phil. Rep., 58) and United States v. Lim Sing (23 Phil. Rep., 424) cited and followed.
D E C I S I O N
CARSON, J.:
The accused pleaded guilty to a violation of Act No. 2381 set forth as follows in the information:jgc:chanrobles.com.ph
"That on or about the 1st day of November, 1916, in the municipality of Jolo, Province of Sulu, Department of Mindanao and Sulu, Philippine Islands, the said accused did willfully, unlawfully, and criminally have in his possession, subject to or under his authority or control, four tins containing about 1 kilogram of prepared opium, and did convey and carry with him said tins of opium, with the intent and purpose of selling them or delivering them to other persons, the said accused not being authorized by law, not in any other manner authorized, so to do; with violation of law."
The trial judge imposed penalty of nine months’ imprisonment and a fine of P300.
The only contention in this court in behalf of the appellant is that the penalty imposed is too severe, having in mind the nature of the offense of which he was convicted: but adhering to the views announced in the case of United States v. Castañeda and Edralin (18 Phil. Rep., 58) and United States v. Lim Sing (23 Phil. Rep., 424), we do not think that we should disturb the action of the trial judge in this regard.
We find no error in the proceedings prejudicial to the rights of the accused, and conclude that the judgment entered in the court below should affirmed with the costs of this instance against the appellant. So ordered.
Arellano, C.J., Johnson, Araullo, Street, and Malcolm, JJ., concur.
"That on or about the 1st day of November, 1916, in the municipality of Jolo, Province of Sulu, Department of Mindanao and Sulu, Philippine Islands, the said accused did willfully, unlawfully, and criminally have in his possession, subject to or under his authority or control, four tins containing about 1 kilogram of prepared opium, and did convey and carry with him said tins of opium, with the intent and purpose of selling them or delivering them to other persons, the said accused not being authorized by law, not in any other manner authorized, so to do; with violation of law."
The trial judge imposed penalty of nine months’ imprisonment and a fine of P300.
The only contention in this court in behalf of the appellant is that the penalty imposed is too severe, having in mind the nature of the offense of which he was convicted: but adhering to the views announced in the case of United States v. Castañeda and Edralin (18 Phil. Rep., 58) and United States v. Lim Sing (23 Phil. Rep., 424), we do not think that we should disturb the action of the trial judge in this regard.
We find no error in the proceedings prejudicial to the rights of the accused, and conclude that the judgment entered in the court below should affirmed with the costs of this instance against the appellant. So ordered.
Arellano, C.J., Johnson, Araullo, Street, and Malcolm, JJ., concur.
