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EN BANC

G.R. No. 1070  February 28, 1903

THE UNITED STATES,Complainant-Appellee, vs. PABLO JUDIT,Defendant-Appellant.

Juan Medina Cue, for appellant.
Office of the Solicitor General Araneta, for appellee.

LADD, J.:

The evidence shows that the defendant and his brother were fighting and making a disturbance in their house, that the complaining witness, Apinan, an elderly man, reproved them, whereupon the defendant, incensed by the rebuke, bit off a part of one of Apinan's ears.chanrobles virtual law library

The loss of a portion of an ear constitutes a deformity within the meaning of article 416, No. 3, of the Code. (Judgment in cassation of October 28, 1887.)chanrobles virtual law library

The conviction was right; the penalty, in the absence of either extenuating or aggravating circumstance was properly applied in the medium grade, the indemnification was fixed at an appropriate sum, and the judgment is therefore affirmed in all respects. Let the cause be returned to the court below for the execution of the judgment.chanrobles virtual law library

Arellano, C.J., Cooper, Willard, and Mapa, JJ., concur.
Torres, J., did not sit in this case.