G.R. No. 12921. September 29, 1917
THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. MATEA CAÑETE, DEFENDANT AND APPELLANT.
MALCOLM, J.:
of 74 pages, containing a foreword and nicely divided into parts and
subdivisions, with headings suggestive of the characters of a play. Yet, after
all is said and done, the case turns entirely on the credibility of the
witnesses. And the lower court, after fair trial was convinced that the
defendant had been proved guilty beyond a reasonable doubt. While we have
followed carefully the argument of counsel on behalf of his client, we do not
feel it our duty to interfere with the findings of the trial court, and can
reach no other conclusion from the testimony both of the prosecution and the
defense, including the admissions of the defendant and her confessions, than
that she had this considerable amount of opium in her possession.
The judgment of the lower court should have provided for subsidiary
imprisonment in case of insolvency. We are also convinced through the argument
of counsel not that the defendant is not guilty, but that, the evidence pointing
to this woman as having been merely the tool of others, the penalty should be
lighter than that imposed. Accordingly, we modify the judgment of the lower
court by substituting six months imprisonment, a fine of ^300 with subsidiary
imprisonment in case of insolvency, and the costs of both instances. So
ordered.
Arellano, C.J., Araullo, and Street, JJ., concur.
JOHNSON, J., dissenting.
I do not concur. I am of the opinion that the judgment should be
affirmed.
CARSON, J.:
I reserve my vote.