Serra v. Mortiga
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE PHILIPPINE ISLANDS. The facts are stated in the opinion. The complaint herein fails to state the essential elements of the crime of adultery, and is hence fatally defective. In entering judgment of conviction thereon, the court below violated the fundamental guarantees of the Constitution and of the Philippine Bill of Rights.
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ERROR TO THE SUPREME COURT OF THE PHILIPPINE ISLANDS. The facts are stated in the opinion. The complaint herein fails to state the essential elements of the crime of adultery, and is hence fatally defective. In entering judgment of conviction thereon, the court below violated the fundamental guarantees of the Constitution and of the Philippine Bill of Rights. United States v. Cook, 17 Wall. 168; United States v. Cruikshank, 92' U. S. 542, 557; Evans v. United States, 153 U. S. 584; Cochran v. United States, 157 U. S. 286; Pettibone v.' United States, 148 U. S. 196; United States v. Slenker,…
1Opinion of the CourtJustice White
Articles 433 and 434, found in chapter 1 of title IX of the Penal Code of the Philippine Islands, define and punish the crime of adultery. The articles referred to are in the margin. 1
It is conceded at bar' that, under the Philippine law, the offense of adultery, as defined by the articles in question, is classed as a private offense, and must be prosecuted, not on information by the public prosecutor, but by complaint on behalf of an injured party. In the Court of First Instance of Albay, Eighth Judicial District, Philippine Islands, Adriano Mortiga, the defendant in error, as the husband of…
2Cases cited8 opinions
- United States v. BallSupreme Court of the United States · 1896
- Kepner v. United StatesSupreme Court of the United States · 1904
- United States v. CarllSupreme Court of the United States · 1882
- United States v. CookSupreme Court of the United States · 1872
- Cochran & Sayre v. United StatesSupreme Court of the United States · 1895
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3Cited by19 opinions
- Weems v. United StatesSupreme Court of the United States · 1910
- Yu Cong Eng v. TrinidadSupreme Court of the United States · 1926
- Haussener v. United StatesCourt of Appeals for the Eighth Circuit · 1925
- United States v. O'BRIENCourt of Appeals for the Seventh Circuit · 1949
- McGrath v. United StatesCourt of Appeals for the Second Circuit · 1921
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