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EN BANC

G.R. No. 1760  April 3, 1905

THE UNITED STATES,Complainant-Appellee, vs. IRINEO BIBAL,Defendant-Appellant.

Enrique Barrera for appellant.
Office of the Solicitor-General Araneta for appellee.

WILLARD, J.:

Upon the question of fact presented by the brief of the defendant we hold that the participation in the robbery by the defendant is proved.chanroblesvirtualawlibrary chanrobles virtual law library

It is suggested, also, that the complaint presented by a private person, not having been sworn to, was void. The provincial fiscal, on February 3, 1903, certified in writing that he found the complaint sufficient, and named three other witnesses for the prosecution. Whether this amounted to an adoption by him of the complaint, and made it an information which did not require an oath, it is not necessary to decide. The want of an oath was, in any event, a defect of form which did not affect the substantial rights of the defendant on the merits. Section 10 of General Orders, No. 58, does not permit a judgment to be set aside for such a defect.chanroblesvirtualawlibrary chanrobles virtual law library

Evidence that the defendant was the leader of the band which committed the robbery is found at folio 68.chanroblesvirtualawlibrary chanrobles virtual law library

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

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