SUPREME COURT DECISIONS

Search for www.chanrobles.com

PLEASE CLICK HERE FOR THE LATEST ➔ SUPREME COURT DECISIONS

EN BANC

G.R. No. 1532  February 23, 1904

THE UNITED STATES,Complainant-Appellee, vs. CASIMIRO GASAL,Defendant-Appellant.

Manuel M. de Hazanas for appellant.
Office of the Solicitor-General Araneta for appellee.

TORRES, J.:

On July 1,1903, the deputy provincial fiscal of the Island of Cebu files an information in the Court of First Instance of that province, amending a former information, accusing Casimiro Gasal of the crime of homicide, in that on the 16th of May, 1903, between 9 and 10 o'clock at night, in the place called Nangca of the town of Consolacion, without justification therefor, he threw stones at Andres Tiro, striking him at the forehead and felling him to the ground, after which Gasal threw another stone which struck Andres in the region of the left ear, causing his death then and there in consequence of the injuries so inflicted, contrary to the statute in such case made and provided.chanrobles virtual law library

The court, finding that the crime had been committed and that the defendant was guilty thereof, with certain mitigating and aggravating circumstances enumerated in the decision, sentenced the defendant to the penalty of twelve years and one day of reclusion temporal at hard labor, with the accessories mentioned in article 61 of the Penal Code, to pay an indemnity of 1,000 Mexican pesos to the heirs of the deceased, and to p