[ G.R. No. 5231, September 03, 1909 ]
THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. SAMUEL PERRY, DEFENDANT AND APPELLANT.
D E C I S I O N
ARELLANO, C.J.:
"LESIONES;" MITIGATING CIRCUMSTANCES; PENALTY. From the Court of First Instance of Misamis. Avanceña, J.
Defendant was convicted of lesiones, and sentenced to one year eight months twenty-one days of reclusion temporal and to pay an indemnity. Motion for a new trial ruled. Considering the loss of reason and self-control and any aggravating circumstances, penalty reduced to three months of arresto mayor with the accessory penalty of article 61, Penal Code, and indemnity.
Per Arellano, C.J.
For appellant: Kincaid & Hurd and Leopoldo Rovira.
For appellee: Attorney-General Villamor.
Defendant was convicted of lesiones, and sentenced to one year eight months twenty-one days of reclusion temporal and to pay an indemnity. Motion for a new trial ruled. Considering the loss of reason and self-control and any aggravating circumstances, penalty reduced to three months of arresto mayor with the accessory penalty of article 61, Penal Code, and indemnity.
Per Arellano, C.J.
For appellant: Kincaid & Hurd and Leopoldo Rovira.
For appellee: Attorney-General Villamor.