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PICO V. UNITED STATES, 228 U. S. 225 (1913)

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U.S. Supreme Court

Pico v. United States, 228 U.S. 225 (1913)

Pico v. United States

No. 319

Argued February 25, 26, 1913

Decided April 7, 1913

228 U.S. 225


Under art. 403, Philippine Penal Code, a person can be guilty of murder with alevosia (treachery) although there may have been no specific intent to kill, and so held that one who had his victim bound and then caused him to be violently beaten with an instrument likely to cause death was guilty of murder with alevosia even though he did not specifically intend that death should result.

Under the Philippine Penal Code, as at common law, men are presumed to intend the natural consequences of their acts.

An objection that a complaint charging murder with alevosia by beating a person to death is defective because it did not allege all the details proved as to the fact that the victim had been bound so as chanroblesvirtualawlibrary

Page 228 U. S. 226

to make defense impossible should be made in the lower court where amendment are possible. It come too late when made in this Court for the first time.

The conviction by the Supreme Court of the Philippine Islands for murder with alevosia of one who had caused his victim to be bound and then beaten with an instrument likely to cause death, and a sentence of 17 years, 4 months and 1 day of cadena temporal and the accessories, and an indemnity to the heir of his victim of 1,000 pesos, being a modification of the sentence of the Court of First Instance of cadena temporal for life and accessories and indemnity, sustained by this Court as being in accordance with the evidence, without error of law, and not in any manner depriving the defendant of his liberty without due process of law.

15 Phil. 549 affirmed.

The facts, which involve the validity of a conviction and sentence for murder in the Philippine Islands, are stated in the opinion. chanroblesvirtualawlibrary

Page 228 U. S. 228

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