G.R. No. 1987. March 27, 1905

The defendants were charged with the crime of lesiones graves
for having cut off both ears of Placida Gonzalez on the evening of June
30,1903. The judge below found them guilty of this crime and sentenced
them to six years’ prision correccional, and the costs.

The judge considered the case as falling within article 416 of the
Penal Code, although he does not say so in express terms. The penalty
which he imposed on the defendants is that provided for in paragraph 2
of said article. This penalty is the one which provides for the acts
for which the defendant is prosecuted, because the loss of the two ears
has caused the deafness of the injured party. The penalty was imposed
in its maximum degree because the court below took into consideration
the existence of the aggravating circumstances in said crime of having
been committed at night, through a promise, recompense, or reward, with
the use of superior force, and at the house of the injured party.

We agree with the findings of law and of fact in the judgment below
and also with the consideration of the aggravating circumstances,
except the last one, viz, that the crime was committed at the house of
the injured party, because it appears clearly proven that the crime was
committed outside of her house, since the defendants made her come out
of her house in order to consummate their crime.

With this modification we affirm the judgment below, crediting the
defendants with one-half of the time which they have been in prison as
detention prisoners, with the costs in this instance. So ordered.

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