[ G.R. No.5386, November 08, 1909 ]
THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. ARSENIO PALACIO, DEFENDANT AND APPELLANT.
D E C I S I O N
MORELAND, J.:
MURDER; SUFFICIENCY OF INFORMATION; MULTIFARIOUSNESS. From the Court of First Instance of Antique. Mccabe, J.
Defendant was convicted of murder under aggravating circumstances, and sentenced to death
He killed two men and a little girl, wounded two women, and set fire to the house. Defense admitted the guilt of the defendant but claimed that judgment should be reversed and new trial ordered because the complaint charges five different crimes. No objection to the form of the complaint was raised in the court below. Held, Following U. S. vs. Perez (2 Phil Rep., 178), that although the information charged and the proofs established the murder of three different persons, it is inferred that the judgment of conviction referred to one single murder, and as no objection was raised at the trial court, the information and proceedings can not now be declared void for multifariousness. Judgment affirmed
Per Moreland, J.
For appellant: Charles C. Cohn.
For appellee: Solicitor-General Harvey.
Defendant was convicted of murder under aggravating circumstances, and sentenced to death
He killed two men and a little girl, wounded two women, and set fire to the house. Defense admitted the guilt of the defendant but claimed that judgment should be reversed and new trial ordered because the complaint charges five different crimes. No objection to the form of the complaint was raised in the court below. Held, Following U. S. vs. Perez (2 Phil Rep., 178), that although the information charged and the proofs established the murder of three different persons, it is inferred that the judgment of conviction referred to one single murder, and as no objection was raised at the trial court, the information and proceedings can not now be declared void for multifariousness. Judgment affirmed
Per Moreland, J.
For appellant: Charles C. Cohn.
For appellee: Solicitor-General Harvey.