SECOND
DIVISION
THE
UNITED STATES,
Plaintiff-Appellee,
G.
R.
No. 6888
January
2, 1912
-versus-
FILEMON
TAMARRA,
Defendant-Appellant.
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 and 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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