G.R. No. 2614. December 21, 1905

This defendant was charged with the crime of homicide in the Court
of First Instance of the Province of Capiz. During the trial in the
inferior court the defendant gave proof in his own behalf, and admitted
that he did, on or about the 2d day of October, 1904, kill Melecio
Magdael, and undertook to justify his act by showing that the deceased
had made certain aggressions against him. The evidence discloses the
fact that the defendant was at the house of Melecia Magdael on the
night when Melecio Magdael was killed, for an unlawful purpose; that
Melecio was the brother of Melecia; that when Melecia discovered the
defendant in her house she called her brother, Melecio, for help; that
her brother at once came to her assistance. A quarrel ensued between
Melecio and the defendant, as a result of which Melecio was killed. The
evidence fails to disclose either aggravating or extenuating
circumstances. The inferior court found the defendant guilty of the
crime of homicide, and that there was neither aggravating nor
extenuating circumstances, and sentenced the defendant to be imprisoned
for the period of fourteen years eight months and one day of reclusion temporal, under article 404 of the Penal Code, and to pay the costs.

An examination of the evidence adduced at the trial in the inferior
court shows beyond peradventure of doubt that the sentence of the
inferior court was in accordance with the evidence adduced during the
said trial. Said sentence is therefore affirmed, with costs. So ordered.

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