This case has been cited 1 times or more.
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2004-01-15 |
AUSTRIA-MARTINEZ, J. |
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| Although the Information charged petitioners with Frustrated Murder, a finding of guilt for the lesser offense of less serious physical injuries may be made considering that the latter offense is necessarily included in the former since the essential ingredients of physical injuries constitute and form part of those constituting the offense of murder.[59] Similarly, an accused may be convicted of slight, less serious or serious physical injuries in a prosecution for homicide or murder, inasmuch as the infliction of physical injuries could lead to any of the latter offenses when carried to its utmost degree despite the fact that an essential requisite of the crime of homicide or murder - intent to kill - is not required in a prosecution for physical injuries.[60] | |||||