G.R. No. 1803. March 20, 1905

Please log in to request a case brief.

4 Phil. 306

[ G.R. No. 1803. March 20, 1905 ]

THE UNITED STATES, COMPLAINANT AND APPELLEE, VS. GEORGE HERRMAN, DEFENDANT AND APPELLANT.

D E C I S I O N



CARSON, J.:

George Herrman, the appellant in this case, was charged with the
crime of robbery, of which he was acquitted, the facts proven at the
trial not being sufficient to sustain a conviction. The court, however,
found him guilty of the crime of theft, defined and penalized in
paragraph 1 of article 517 and paragraph 1 of article 518 of the Penal
Code, said theft being an offense included in the principal charge set
out in the complaint.

The evidence adduced at the trial fully sustains the findings of the
court and establishes the guilt of the accused beyond a reasonable
doubt, and we are of opinion that there was no error in the proceedings
prejudicial to the rights of the accused.

In the opinion of the trial court the fact that the crime was
committed with deliberate premeditation is set out as an aggravating
circumstance, but this court has frequently held that deliberate
premeditation should not be so considered in connection with the crimes
of theft, estafa, and analogous offenses. This, however, in
no wise affects the penalty to be imposed, as the other aggravating
circumstances mentioned in the decision of the trial court were
properly taken into consideration in connection with the crime
committed and are sufficient of themselves to raise the penalty to be
imposed to the maximum degree prescribed by law.

The sentence appealed from should be affirmed, with the costs of the appeal against the appellant. So ordered.

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






Date created: April 24, 2014




Comments

Leave a Reply

Your email address will not be published. Required fields are marked *

Post
Filter
Apply Filters