This case has been cited 1 times or more.
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2010-07-05 |
BRION, J. |
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| Under these standards, we agree with the CA's conclusion. From all accounts, although the stab wound could have been fatal since the victim testified that he saw his intestines showed, no exact evidence exists to prove the gravity of the wound; hence, we cannot consider the stab wound as sufficient to cause death. As correctly observed by the CA, the victim's attending physician did not testify on the gravity of the wound inflicted on the victim. We consider, too, the CA's observation that the medical certifications issued by the East Avenue Medical Center merely stated the location of the wound.[30] There was also no proof that without timely medical intervention, the victim would have died.[31] This paucity of proof must necessarily favor the petitioner. | |||||