G.R. No. 5231. September 03, 1909

THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. SAMUEL PERRY, DEFENDANT AND APPELLANT.

Decisions / Signed Resolutions September 3, 1909 ARELLANO, C.J.:
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ARELLANO, C.J.:


“LESIONES;” MITIGATING CIRCUMSTANCES; PENALTY. — From the Court of First Instance of Misamis.  Avanceña, J.

Defendant was convicted of lesiones, and sentenced to one year eight months twenty-one days of reclusion temporal and to pay an indemnity.  Motion for a new trial ruled.  Considering the loss of reason and self-control and any aggravating circumstances, penalty reduced to three months of arresto mayor with the accessory penalty of article 61, Penal Code, and indemnity.

Per Arellano, C.J.
For appellant: Kincaid & Hurd and Leopoldo Rovira.
For appellee: Attorney-General Villamor.