[ G.R. No. 1368. February 12, 1904 ] 3 Phil. 318
[ G.R. No. 1368. February 12, 1904 ]
THE UNITED STATES, COMPLAINANT AND APPELLEE, VS. FRED FREIMUTH, DEFENDANT AND APPELLANT. D E C I S I O N
WILLARD, J.:
The defendant is charged with having falsified a public document by counterfeiting and feigning the signatures of Charles Bruggert, W.F. Farrow, and other persons to a pay roll. At the time in question the defendant was a clerk in the office of one Behan, the disbursing officer of the Board of Health of the city of Manila. The evidence shows that he did not sign the names of any of the persons mentioned in the complaint to the pay roll, but it does show that the witness Kennedy signed the name of Charles Bruggert at the request of the defendant and that the witness Davis signed the name of W. F. Farrow. There was no attempt whatever by either Kennedy or Davis to imitate the signatures of Bruggert and Farrow. The signatures made by the witnesses are entirely unlike the genuine signatures of these persons. The case is fully covered by former decisions of this court. (United States vs. Buenaventura, 1 Off. Gaz., 446;[1] United States vs. Balmori, 1 Off. Gaz., 182;[2] United States vs. Paraiso, Nov. 13,1901,[3] United States vs. Roque, 1 Off. Gaz., 350.[4])
The judgment is reversed and the defendant acquitted with the costs of both instances de oficio.
Arellano, C. J., and Mapa, J., concur.
Torres, J., concurs in the result.