This case has been cited 1 times or more.
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2003-06-26 |
SANDOVAL-GUTIERREZ, J. |
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| Unlawful aggression presupposes an actual, sudden and unexpected attack, or imminent danger thereof.[39] For one to be considered the unlawful aggressor, he must be shown to have exhibited external acts clearly showing his intent to cause and commit harm to the other.[40] In the case at bar, the prosecution witnesses belied any act of aggression on the part of the victim. The evidence shows he was unarmed and had no idea of the impending attack against him. | |||||