G.R. No. L‑2408
The United States v. Joseph J. Capurro

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FACTS
– On 3 August 1904, in Manila, defendant Joseph J. Capurro entered a railway mail car and, employing a heavy club and a glass bottle filled with water, assaulted and gravely intimidated George E. Shannahan, a duly appointed postal clerk acting in the discharge of his official duties.
– Capurro forced Shannahan to surrender the mail, ransacked it, and broke open registered letters and packages.
– The complaint charged “criminal attempt against an agent of the authorities” under Article 249 of the Philippine Penal Code.
– Capurro demurred, arguing the facts did not constitute the offense. The trial court overruled the demurrer, proceeded to trial, and, after Capurro offered no defense, convicted him and sentenced him to five years and one month of prisión correccional.
– Capurro appealed, asserting: (1) error in finding guilt; (2) error in overruling his plea of autrefois acquit based on a prior acquittal (Case No. 1752, 23 Sept 1904); and (3) lack of jurisdiction of the Manila Court of First Instance.

ISSUES
1. Whether the acts alleged constitute “criminal attempt against an agent of the authorities” under Article 249.
2. Whether the plea of autrefois acquit should have been upheld.
3. Whether the Manila Court of First Instance had jurisdiction over the offense.

RULING
1. Elements satisfied Shannahan was a public official exercising statutory functions; thus he is an “agent of the authorities” within the meaning of Articles 249 and 264. Capurro’s assault, intimidation, and forced intrusion into the mail car meet the statutory description of criminal attempt.

2. Autrefois acquit denied The earlier acquittal (Case No. 1752) pertained to a different charge; it does not bar prosecution for the present offense. The trial court correctly rejected the plea.

3. Jurisdiction affirmed The offense was committed within Manila, the territorial jurisdiction of the Court of First Instance of Manila. No contrary proof was offered.

4. Sentence Applying Articles 250 and 251, the appropriate penalty is prisión correccional of minimum to medium degree, with a fine of ₱2,500 (2,500 pesetas). Considering nocturnity as an aggravating circumstance, the maximum range (three years, six months) was imposed. Under Article 93, if Capurro has already served time during the pendency of the appeal, one‑half of that period shall be credited.

Disposition: The judgment of the lower court is AFFIRMED. Capurro is sentenced to three (3) years and six (6) months imprisonment, a fine of 2,500 pesetas, and payment of costs, subject to the statutory deduction for time already served.