[ G.R. No. 5079. October 09, 1909 ]

[ G.R. No. 5079. October 09, 1909 ]

G.R. No. 5079

[ G.R. No. 5079. October 09, 1909 ]

THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. SILVERIO GREGORIO ET AL., DEFENDANTS.—JULIANO IGNACIO, APPELLANT.

D E C I S I O N

TORRES, J.:

THEFT; PENALTY. — From the Court of First Instance of Bulacan. Yusay, J.

Defendants were convicted of theft of a carabao and sentenced to one year of prision correccional. They appealed from this judgment but Mendiola and Gregorio afterwards withdrew their appeal. The crime committed was theft, under articles 517, subdivision 1, and 518, involving the aggravating circumstances of nocturnity. Penalty, however, should be presidio correccional, and judgment so modified.

Per Torres, J. For appellant: Reyes & Teodoro. For appellee: Attorney-General Villamor.