Weems V. United States - Arguments

Arguments

The argument brought by the plaintiff contained four points, one of which was abandoned due to a mistake of fact. The abandoned point was that the record did not state that Weems was arraigned, that he issued a plea to the complaint upon his demurrer being overruled, and that he was "ordered to plead to the complaint."

The three points that the plaintiff actually argued are as follows:

  • First, the Philippine court was in error when it overruled Weems' demurrer. This point is based on the plaintiff being described as a "disbursing officer of the Bureau of Coast Guard and Transportation of the Philippine Islands," a body politic which does not exist.
  • Second, the record did not demonstrate that Weems was present when he was tried, or that he was actually in court at any time.
  • Third, the Philippine court's sentence of 15 years in prison constituted cruel and unusual punishment, necessitating a reversal of the judgment.

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