[ G.R. No. 5231. September 03, 1909 ]

[ G.R. No. 5231. September 03, 1909 ]

G.R. No. 5231

[ 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.