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United States Vs. Sydney Smith 039 Phil 533

THE UNITED STATES, plaintiff-appellee, vs. SYDNEY SMITH, defendant-appellant.

G.R. No. 14057 | 1919-01-22

D E C I S I O N


MALCOLM, J .:

The defendant, Sydney Smith, a civil employee of the United States Army, was charged by appropriate information filed in the Court of First Instance of the city of Manila with having assaulted Colonel J. B. Bellinger, of the United States Army, "a person in authority." To the information, the defendant interposed a demurrer, based on the principal allegation that the court was without jurisdiction, since the person alleged to have been assaulted was an officer of the United States Army and not a person in the Insular service, so that the offense charged could be at most a simple assault. The demurrer having...