[ G.R. No. 12846, November 12, 1917 ]
THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. THE NEGRITO MEYMAY, DEFENDANT AND APPELLANT.
D E C I S I O N
MALCOLM, J.:
The evidence is sufficient to demonstrate beyond a reasonable doubt that the defendant and appellant, the Negrito Meymay, accepted an invitation to join a band intent on murderous reprisal, and that he took an active part in the commission of the crime which resulted in the horrible death of six innocent persons. The lower court very properly took into consideration the qualifying circumstance of alevosia, and the aggravating circumstance that the crime was committed in an uninhabited place by a band of more than three armed men, but compensated by the mitigating circumstance of lack of education- provided by Act No. 2142.
The judgment of the lower court sentencing the Negrito Meymay to the penalty of cadena perpetua, with the accessory penalties provided by law, to pay jointly and severally with his companions, who were convicted in case No. 1006 to the heirs of the deceased the amount of P500, and to pay the costs, is affirmed with the costs of,this instance against the appellant. So ordered.
Arellano, C. J., Torres, Johnson, Carson, Araullo, and Street, JJ., concur.