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US vs Thomas Kepner

THE UNITED STATES, complainant-appellant, vs. THOMAS E. KEPNER, defendant-appellee.

G.R. No. 571 | 1903-02-14

D E C I S I O N

ARELLANO, C.J:

Under General Orders, No. 58, series 1900, which is the law of criminal procedure in force, the Government has the right of appeal from all judgments of acquittal rendered in criminal cases. The letter and spirit of the order itself are the most conclusive argument in support of this right on the part of the Government.

Its letter, because this right is thus expressly declared in section 43. "From all final judgments," it says, "of the Courts of First Instance or courts of similar jurisdiction, and in all cases in which the law now provides for appeals . . . an appeal may be taken to the Supreme Court . ....