Paraiso v. United States, 207 U.S. 368 (1907)

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Paraiso v. United States

No. 23

Submitted December 2, 1907
Decided December 16, 1907
207 U.S. 368

ERROR TO THE SUPREME COURT

OF THE PHILIPPINE ISLANDS

Syllabus

Where a case is brought up from the circuit court on the ground that the construction or application of the Constitution of the United States is involved, the record must show that the question was raised for the consideration of the court below, and, under § 10 of the Act of July 1, 1902, 32 Stat. 695, this rule applies to write of error to review judgments of the Supreme Court of the Philippine Islands.

A complaint, sufficiently clear to the mind of a person of rudimentary intelligence as to what it charges the defendant with, informs the accused of the nature and cause of the accusation against him, and a conviction thereunder is not in that respect without due process of law under the Philippine Bill of Rights.

A motion for rehearing in the lower court on grounds set out in the assignment of error, but which was denied, cannot be relied on as properly raising the federal question necessary to give this Court jurisdiction. McMillan v. Ferrum Mining Co., 197 U.S. 343.

This Court is not called upon to consider error argued but not assigned. O’Neil v. Vermont, 144 U.S. 323.

5 Phil. 149 affirmed.

The facts are stated in the opinion.