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PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. 6888. January 2, 1912. ]

THE UNITED STATES, Plaintiff-Appellee, v. FILEMON TAMARRA, Defendant-Appellant.

Filemon Sotto, for Appellant.

Acting Attorney-General Harvey, for Appellee.

SYLLABUS


1. APPEAL FROM JUDGMENT OF CONVICTION, BASED UPON PLEA OF GUILTY. — An appeal from a judgment of conviction, which is based upon a plea of guilty, raises no question of fact, and this court will look to the record only for the purpose of ascertaining whether the penalty imposed is proper.


D E C I S I O N


MORELAND, J.:


The defendant in this case was convicted of having in his possession lottery tickets with intent to sell the same. The judgment of conviction is based upon the plea of guilty of the accused. The only errors assigned on this appeal that can be considered by this court are (a) that relating to the penalty and (b) that which touches the question of double jeopardy.

It appears that the accused was arrested charged with the crime of running a lottery. Upon being arraigned he asserted that he was not guilty of that crime but was guilty of having in his possession lottery tickets with intent to sell the same. The court thereupon ordered the information amended so as to charge the crime of having possession of lottery tickets with intent to sell. To this procedure the accused made no objection and upon presentation of the new information, and after the formalities accompanying his arraignment, he pleaded guilty and was duly sentenced by the court. Under these facts there is presented for our consideration from that aspect of the appeal no question whatever.

As to the penalty imposed, we are of the opinion that it is too severe. It is, therefore, hereby modified and the defendant sentenced to pay a fine of P100, with subsidiary imprisonment as provided by law in case of non-payment.

Torres, Mapa, Johnson, and Trent, JJ., concur.

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