GR L 4689; (August, 1908)

EN BANC

G.R. No. 4689 : August 31, 1908

THE UNITED STATES, plaintiff-appellee,

vs.
GO TIAO (alias SUYA), defendant-appellant.

James J. Peterson for appellant.
Attorney-General Araneta for appellee.

TRACEY, J.:

The accused was charged in the complaint with having in his possession opium pipes and other apparatus for using opium, without the prescription of a duly licensed and practicing physician or a permit from the collector of Internal Revenue. It is claimed that because the witness for the prosecution swore that he had seen the accused smoking opium the complaint should have been framed under section 4 of Act No. 1761, instead of under section 7 inasmuch as the witness also testified that he saw the specified objects in the possession of the accused, the complaint and the conviction thereunder were proper.

The sentence of the court below four six months in the provincial jail, and the payment of the costs, is hereby affirmed. With the costs of this instance. So ordered.

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

Batas Pinas