[ G.R. No. 5485. December 24, 1909 ]

[ G.R. No. 5485. December 24, 1909 ]

G.R. No. 5485

[ G.R. No. 5485. December 24, 1909 ]

THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. NICOLAS LACHICA AND ANGEL GUSTILO, DEFENDANTS AND APPELLANTS.

D E C I S I O N

Defendant were convicted of coercion under article 497, Penal Code, and sentenced to two months and one day of arresto mayor and to pay a fine of 325 pesetas, with subsidiary imprisonment. The Attorney-General admits that the evidence is insufficient to establish the commission of the offense, and suggests that the defendants' motion to dismiss should have been granted by the trial court. No evidence appears to show violence or intimidation which, as repeatedly decided by the supreme court of Spain, are essential elements of this crime. Judgment reversed and defendants acquitted. Per Elliott, J.