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United States Vs. Rafael Cervantes

THE UNITED STATES, complainant-appellant, vs. RAFAEL CERVANTES, defendant-appellee.

G.R. No. 1390 | 1904-01-19

D E C I S I O N


ARELLANO, C.J.:

In this case a complaint was filed and proceedings instituted charging the defendant with brigandage, and the court found the facts as proved; but, considering that the acts charged in the complaint are not sustained by the evidence, in that it was not proven that the band of which the accused was a member was organized for the purpose of stealing personal property, as alleged in the complaint, the accused was acquitted without prejudice to a subsequent prosecution upon the facts established by the evidence.

The Solicitor-General calls attention to the testimony of the witnesses Mateo de la Cruz and...