People Of The Philippine Islands v. Medina

VICKERS, J.:

This is an appeal from the decision of Judge Anacleto Diaz in the Court of First Instance of Manila, finding the defendant guilty of robbery in an inhabited house and of being a habitual delinquent, and sentencing him to suffer a principal penalty of ten years and one day of prision mayor and additional penalty of ten years of prision mayor because of being four times a recidivist, to indemnify James C. Rockwell in the sum of P320, and to pay the costs. Appellant's attorney makes the following assignments of error: 1. The trial court erred in finding and concluding that the finger prints which were found impressed on the small silver box of the complainant James C. Rockwell were identical to the fingerprints of the accused.

2. The trial court erred in findings and concluding that it was the accused-appellant who took away the said small silver box from the room of Mrs. Rockwell and the valuables worth P320 belonging to James C. Rockwell. 3.

The trial court erred in finding and concluding that the accused-appellant is guilty of the crime of robbery as defined in article 299, No. 3 of the Revised Penal Code for which the trial court sentenced the accused to imprisonment of ten years and one day plus an additional imprisonment of ten years of prision mayor as recidivist and to indemnify the said James C. Rockwell in the amount of P320 and to pay the cost of the action. The defendant was tried on a plea of not guilty to the following information: The undersigned accuses Marciano Medina y Diokno alias Mariano Medina alias Alejandro Dola of the crime of robbery in an inhabited house, committed as follows: That on or about the 12th day of February, 1932, during the nighttime which was purposely sought, in the municipality of Pasay, Province of Rizal, Philippine Islands, within two and one-half miles from the limits of the City of Manila, Philippine Islands and within the jurisdiction of this court, the said Marciano Medina y Diokno alias Mariano Medina alias Alejandro Dola did then and there willfully , unlawfully, and feloniously, and with intent of gain, break into and enter through the window by tearing the wire screen thereof, an opening not intended for entrance or egress, of house No. 1155 F.B. Harrison Street, in said municipality of Pasay, the dwelling house of James C. Rockwell, and, once inside said premises, take steal, and carry away without the consent of the owner thereof the following personal property, to wit: One (1) watch "Howard", gold, with an outside monogram containing the initials "JCR"

valued at P200.00 One(1) "Green" wrist watch with a leather strap, valued at 120.00 Total