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PEOPLE v. JOEL PINCA Y HUARDE

This case has been cited 1 times or more.

2008-03-04
CHICO-NAZARIO, J.
Petitioner cannot avail himself of the mitigating circumstance of intoxication merely on the testimonies of the prosecution witnesses that he was drunk during the incident.[43] Such testimonies do not warrant a conclusion that the degree of petitioner's intoxication had affected his faculties.[44] There must be convincing proof of the nature and effect of his intoxication which petitioner failed to adduce in the present case.[45]