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EN BANC

G.R. No. 1446  February 17, 1904

THE UNITED STATES,Complainant-Appellee, vs. AMBROSIO DE LA CRUZ,Defendant-Appellant.

Ambrosio R. Bautista for appellant.
Office of the Solicitor-General Araneta for appellee.

JOHNSON, J.:

The defendant in this case was charged with the crime of attempted rape.chanrobles virtual law library

The evidence discloses the fact that on the 20th of July, 1903, the accused went to the house where one Paula de los Santos lived, at about 8 o'clock at night, and entered the house without the permission of the said Paula. After the accused entered the house he took hold of her and threw her upon the floor. Paula at once cried for help. Her aunt was in the house with her at the time and saw the accused enter the house, but was afraid to go to her help when she heard her cries. One Apolinar Acosta, who lived in an adjoining house, hearing the cries of Paula, ran immediately to her aid. When Apolinar Acosta entered the house where Paula was he found the accused struggling with her, both being upon the floor. The mother of Paula, who was in an adjoining house, also heard the cries of her daughter, Paula, for help, on this same occasion.chanrobles virtual law library

The evidence shows that Paula was about 15 years of age and that the accus