April 1904 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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G.R. No. 1479 April 16, 1904 - UNITED STATES v. VICTORINA DE LOS SANTOS
003 Phil 710:
003 Phil 710:
FIRST DIVISION
[G.R. No. 1479. April 16, 1904. ]
THE UNITED STATES, Complainant-Appellee, v. VICTORINA DE LOS SANTOS, Defendant-Appellant.
Eugenio Lara, for Appellant.
Solicitor-General Araneta, for Appellee.
SYLLABUS
1. CRIMINAL LAW; ASSAULT. — See facts in this case: Held, sufficient to justify a conviction for the crime of assault (lesiones).
The appellant was tried in the Court of First Instance of Bulacan upon a charge of assault. The facts, as disclosed by the evidence are, in effect, that the accused and her brother were tenants in common of a lot in the township of Malolos. The accused attempted to erect a house on this lot. Her brother, Valentin de los Santos, tried to persuade her to suspend the work until the arrival of their elder brother. This led to quarrel. The accused testified that Valentin tried to strike her with a stick, but her witness on this point only testified to threatening words. The accused struck her brother with a bolo, inflicting a serious wound on the right wrist. Upon these facts the accused was convicted of assault (lesiones) and sentenced to imprisonment for the term of one year eight months and one day. From this judgment she appealed.
The appellant was tried in the Court of First Instance of Bulacan upon a charge of assault. The facts, as disclosed by the evidence are, in effect, that the accused and her brother were tenants in common of a lot in the township of Malolos. The accused attempted to erect a house on this lot. Her brother, Valentin de los Santos, tried to persuade her to suspend the work until the arrival of their elder brother. This led to quarrel. The accused testified that Valentin tried to strike her with a stick, but her witness on this point only testified to threatening words. The accused struck her brother with a bolo, inflicting a serious wound on the right wrist. Upon these facts the accused was convicted of assault (lesiones) and sentenced to imprisonment for the term of one year eight months and one day. From this judgment she appealed.
D E C I S I O N
ARELLANO, C.J. :
The court having declared that the accused was guilty of the crime, the defense in this appeal has endeavored to show that she acted in self-defense. But the only witness that the accused presented for the purpose of proving the assault, which she imputes to her brother, Valentin de los Santos, did not testify to the fact that he had struck his sister with a cane, which is what she alleges to be the aggression. The witness has only testified to threatening words.
Therefore the judgment of the court below, being in accordance with law, is affirmed with the costs of this instance to the Appellant. So ordered.
Torres, Mapa, McDonough and Johnson, JJ., concur.
Therefore the judgment of the court below, being in accordance with law, is affirmed with the costs of this instance to the Appellant. So ordered.
Torres, Mapa, McDonough and Johnson, JJ., concur.
