[ G.R. No. 4140. February 19, 1908 ]

[ G.R. No. 4140. February 19, 1908 ]

G.R. No. 4140

[ G.R. No. 4140. February 19, 1908 ]

UNITED STATES, PLAINTIFF AND APPELLEE, VS. RAYMUNPO GATMEN, DEFENDANT AND APPELLANT.

D E C I S I O N

ARELLANO, C.J.:

FRUSTRATED THEFT.—From the Court of First Instance of Nueva Ecija. Accused was convicted of theft committed at night, and sentenced to imprisonment for two years eleven months and eleven days. Counsel for defense contends that, as the property was retaken by the rightful owners within a short time, the crime should be classified as frustrated theft. As the accused had the property in his possession and carried it some distance away before it was recovered, offense held to be a consummated theft, and judgment affirmed.

Per Arellano, C. J.

For appellant: Jose del Valle. For appellee: Attorney-General Araneta.