SUPREME COURT DECISIONS

Search for www.chanrobles.com

PLEASE CLICK HERE FOR THE LATEST ➔ SUPREME COURT DECISIONS

EN BANC

G.R. No. 555  January 22, 1904

THE UNITED STATES,Complainant-Appellee, vs. PANTALEON GIMENO,Defendant-Appellant.

A. A. Montagne for appellant.
Office of the Solicitor-General Araneta for appellee.

WILLARD, J.:

The guilt of the defendant was clearly proved by the evidence.chanrobles virtual law library

In the court below no objections were made to the sufficiency of the complaint, but in this court it is claimed that it is deficient in several respects. When a complaint alleges, as this one does, that the defendant, armed with a gun, at midnight entered the house of the complaining witness, and after beating him with the butt of the gun took from his family money and other property and departed with it, it is not necessary to add thereto the statement that the defendant acted "feloniously." chanrobles virtual law library

The complaint alleged that the property described therein was taken by the defendant from the family of the complaining witness. At the trial it was shown particular objection on the part of the defendant to what particular member of the family each of said articles belonged. No substantial right of the defendant on the merits was prejudiced by the failure to state these details in the complaint. Even if the complaint was defective in this respect we can not reverse the judgment for that reason. (G. O. No. 58, sec. 10.) chanrobles virtual law library

The same thing can be said of the claim that the defendant's lawyer was not present when the sentence was pronounced.chanrobles virtual law library

The judgment is affirmed with the costs of this instance against the appellant.chanrobles virtual law library

Arellano, C. J., Torres, Cooper, Mapa, McDonough and Johnson, JJ., concur.