G.R. No. 1757. January 25, 1905

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4 Phil. 164

[ G.R. No. 1757. January 25, 1905 ]

THE UNITED STATES, COMPLAINANT AND APPELLEE, VS. DOMINGO LASCANO, DEFENDANT AND APPELLANT.

D E C I S I O N



CARSON, J.:

Domingo Lascano, having been found guilty of the crime of brigandage
and sentenced to death by the Court of First Instance of Batangas, the
case comes to this court en consulta.

The guilt of the accused was conclusively established by the
evidence adduced at the trial, and it was proven that for many months
preceding the day of his arrest in August, 1903, he had been one of the
petty chiefs of a band of brigands which infested the country along the
borders of the Provinces of Batangas and Tayabas.

In the course of the evidence it further developed and was proven
beyond a reasonable doubt that on the 8th day of February, 1903, the
accused, with several other members of his band, captured five
travelers on the road from Magallahes, in Cavite, to Nasugbu, in
Batangas, and after robbing them tied one of their number named Severo
Rol to a tree, and while in this helpless and defenseless condition
deliberately stabbed him to death, the accused striking the fatal blow.

We find no error in the proceedings which was prejudicial to the
rights of the accused, and we are of the opinion that the sentence of
the trial court is supported by the law and the evidence and should be
confirmed. So ordered.

Arellano, C. J., Torres, Mapa, and Johnson, JJ., concur.






Date created: April 23, 2014




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