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EN BANC

G.R. No. 1522  February 11, 1904

THE UNITED STATES,Complainant-Appellee, vs. POLICARPO IDICA,Defendant-Appellant.

Francisco Icasiano for appellant.
Office of the Solicitor-General Araneta for appellee.

TORRES, J.:

On the 17th of September, 1903, the provincial fiscal filed a complaint in the Court of First Instance of Ilocos Sur charging the defendant, Policarpo Idica, with the crime of murder, in that on the afternoon of the 14th of July of the same year, while the defendant Idica and Placido Abella, with other persons, were talking by the place called Tagibay, in the town of Sinait, toward the west of the town, the defendant, Idica, who was in advance, suddenly turned back and struck Abella, who was walking behind him, about a meter more or less distant, two blows with his bolo, inflicting on him two wounds, one above the left ear and another on the throat, from the results whereof the said Abella fell on the ground and died a few moments later.chanrobles virtual law library

Agapito Campos, one of the witnesses present, under oath affirmed the facts set forth in the complaint, stating that he was walking a little in advance of the defendant, and that happening to look back, he saw the attack and at once went to Abella, who was lying on the ground with two serious wounds. At the same time Esteban Abella, Roman Abella, Felix Campos, and Juan Impel