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EN BANC

G.R. No. 1509  February 16, 1904

THE UNITED STATES,Complainant-Appellee, vs. NICOLAS GLORIA,Defendant-Appellant.

Ledesma, Sumulong and Quintos for appellant.
Office of the Solicitor-General Araneta for appellee.

TORRES, J.:

On May 23, 1903, the provincial fiscal of Bulacan filed an information in the Court of First Instance of that province charging Nicolas Gloria with the crime of homicide in that, on the night of April 7, 1903, and as the result of a quarrel between the defendant and Tiburcio de la Cruz about some rice straw, upon meeting in the street at a place called Bambang, of the township of Bulacan, they had a quarrel, followed by a fight; that in the course of the struggle between them Gloria inflicted upon Cruz with a pocketknife he was carrying, a wound in the left side of the trunk above the abdomen, from which wound the said Tiburcio died, the crime having been committed willfully, feloniously, and contrary to the statute in the case made and provided.chanrobles virtual law library

Dr. Pedro Paguia, who examined the deceased and attended him up to the time of his death, testified that the deceased had received a mortal wound in the left hypogastrium, inflicted by a sharp instrument which had pierced the peritoneum and the intestines, producing a hemorrhage which caused death in two or three hours; that he was unable to save the man, ha