[ G.R. No. 5436, October 25, 1909 ]
THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. VENANCIO GREGORIO, DEFENDANT AND APPELLANT.
D E C I S I O N
CARSON, J.:
ABDUCTION; PENALTY. From the Court of First Instance of Capiz. Abreu, J.
Defendant was convicted of the crime of abduction, under article 446, Penal Code, and sentenced to the maximum penalty of three years of prision correccional, due to the alleged aggravating circumstance of nocturnity. Consideration of such circumstance held to be improper as it was not shown that advantage was taken of the darkness of the night, and penalty reduced to two years of prision correccional, which is included in the medium degree of the penalty prescribed by the law.
Per Carson, J.
For appellant: Jose Altavas.
For appellee: Attorney-General Villamor.
Defendant was convicted of the crime of abduction, under article 446, Penal Code, and sentenced to the maximum penalty of three years of prision correccional, due to the alleged aggravating circumstance of nocturnity. Consideration of such circumstance held to be improper as it was not shown that advantage was taken of the darkness of the night, and penalty reduced to two years of prision correccional, which is included in the medium degree of the penalty prescribed by the law.
Per Carson, J.
For appellant: Jose Altavas.
For appellee: Attorney-General Villamor.