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United States Vs. Mariano M. Gallegos Et Al. 037 Phil 289

THE UNITED STATES, plaintiff-appellee, vs. MARIANO M. GALLEGOS ET AL., defendants MARIANO M. GALLEGOS, appellant.

G.R. No. L-12739 | 1917-12-08

D E C I S I O N


JOHNSON, J.:

Aside from the question relating to the guilt or innocence of the appellant, the principal question presented by this appeal is whether or not, in a criminal action for the crime of adultery, one of the defendants may be tried alone, where the complaint includes them both, and when for some reason or other one of the codefendants has not been arrested and brought to trial.

In the present case a complaint was presented by the offended party against the said defendants in the court of the justice of the peace of the municipality of Cebu on the 11th day of October, 1916. Upon said complaint a warrant of arrest...