Summary

Oliver Wendell Holmes, Jr. Flemister v. United States — Opinion of the Court

The only assignment of error that needs a words is that which was intended to rely upon a previous conviction that was pleaded and put in evidence. This was a conviction by a municipal court of a violation of ordinances of the city of Manila by disorderly conduct, a breach of the peace, and the assault upon one Domingo Salvador at the same time and place as the assault alleged in the complaint before us.
Source: Wikisource

Oliver Wendell Holmes, Jr. Flemister v. United States — Opinion of the Court

Perhaps it should be added that a second complaint under the ordinances for slanderous, threatening, and abusive language to Captain Jose Crame of the Manila police department was dismissed by the municipal judge on the ground that the offense could not be split up. None of the acts alleged in these complaints was the assault upon Celimin, relied upon in the present case, and it does not appear that the assault upon Celimin was relied on or proved as part of the disorderly conduct for which the plaintiff in error was punished in the municipal court.
Source: Wikisource

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