G.R. No. 1828. January 27, 1905

The defendant here was charged with the crime of homicide, commited
in the barrio of Salusoy, pueblo of Meycauayan, in the Province of
Bulacan, in the month of August, 1900.

The defendant was tried by the judge of the Court of First Instance
of the Province of Bulacan, in the month of January, 1904, found guilty
of the crime charged, and sentenced by said judge to the penalty of reclusion temporal of seventeen years and one day, and to pay the costs.

The evidence shows that the defendant, together with several other
persons unknown, went to the house of Perfecto Ronudel, in the said
barrio, about midnight of a day in the month of August, 1900; that the
said defendant called to the said Perfecto Ronudel, who was sleeping at
that time in his house, and that when the said Perfecto Ronudel
appeared he was immediately shot by the said defendant with a gun, the
ball entering the stomach and passing through the body of the said
Ronudel, from which wound the said Ronudel then and there died
immediately. This proof is supported by the testimony of the wife of
the said Ronudel, as well as that of Julian Geronimo. The wound and the
death of the said Ronudel was confirmed also by the testimony of other
witnesses.

The defendant offered no proof in his defense.

The trial judge took into consideration the aggravating circumstance of nocturnity and therefore imposed the maximum penalty of reclusion temporal, with the costs, in conformity with articles 81 and 404 of the Penal Code.

The evidence is sufficient to sustain the sentence of the trial judge. It is therefore affirmed. So ordered.

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