Case Digest (G.R. No. 4189)
Facts:
- Defendant: Seymour Addison
- Date and place: January 19, 1906, in the pueblo of Concepcion, Province of Tarlac
- Addison, while cutting wood, fired his revolver twice at Leon Patricio, who was cutting a tree nearby
- Addison did not hit or intend to hit Patricio
- First shot hit the tree that Patricio was cutting
- Two eyewitnesses confirmed the incident and reported it to the lieutenant of the barrio
- Patricio was found hiding due to fear
Issue:
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Ruling:
- Addison is guilty of the crime of discharging a firearm
- Punishment: prision correccional in its maximum and medium degrees
- The repetition of the shots towards the same person is considered a si...(Unlock)
Ratio:
- The court based its decision on Article 408 of the Penal Code, which states that discharging a firearm towards any person is a punishable offense
- The repetition of the shots towards the same person, on the same occasion, and by the same aggressor may constitute a greater crime than what is provided in the Penal Code
- However, it can only be considered as a single crime, consideri...continue reading
Case Digest (G.R. No. 4189)
Facts:
The case of U.S. v. Addison involves the defendant, Seymour Addison, who was found guilty of discharging a firearm towards another person. The incident took place on January 19, 1906, in the pueblo of Concepcion, Province of Tarlac. Leon Patricio was cutting a tree in a forest when Addison, who was also cutting wood, fired his revolver twice at Patricio. However, Addison did not hit or intend to hit Patricio, but directed the shots towards him, with the first shot hitting the tree. Two eyewitnesses confirmed this account, and they immediately informed the lieutenant of the barrio about the incident. When they returned to the scene, they found Patricio still in hiding due to fear.
During the trial, two witnesses presented by the defense testified that Addison had been with them from 7 a.m. until evening, and they claimed that he did not leave their company even for dinner. One of the witnesses argued that a cry given in the place where the incident al...