People Of The Philippine Islands v. Cortes

STREET, J.:

This case has been brought to the Supreme Court upon appeal, for the reclusion temporal , with the accessories prescribed by law, and prision mayor , with the accessories prescribed by law, and requiring It appears that on the afternoon of February 16,1930, there occured in The two factions chiefly concerned in this matter consisted of Que tiene usted que ver?) Anacleto did At this juncture Cipriano Aballe, uncle of Anacleto, came hurrying from togñod, struck Cipriano on the left forearm. The blow thus delivered Such is the story of the homicide as constructed from the testimony of This version of the affair is, however, contradicted by a number of The artificial nature of this line of proof is conspicuous in the The offense committed was undoubtedly homicide, and we concur in the Two individuals attacked a third person inflicting two lesions, one Codigo Penal , 303.) When two persons attack another with clubs and strike him to the Codigo Penal , 5th ed., 431.) But while we concur with the trial court in the qualification of the To correct the error above indicated, as well as to adjust the reclusion temporal , with the accessories prision mayor , with the accessories Johnson, Malcolm, Villamor, Ostrand, Romualdez and Villa-Real, JJ., concur.

Separate Opinions JOHNS,J., dissenting: As we analyze the evidence, the judgment of the lower court is right