[ G.R. No. 5564. December 16, 1909 ] 14 Phil. 782
[ G.R. No. 5564. December 16, 1909 ]
THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. VERONICO ALMENDRAL, DEFENDANT AND APPELLANT. D E C I S I O N
MORELAND, J.:
The defendant in this case was charged with the crime of lesiones graves. He was tried in the Court of First Instance of the Province of Batangas and on the 22nd day of July, 1909, was convicted of the crime of which he stood charged and was sentenced to the penalty of 4 years, 9 months and 10 days of prision correccional, with accessories, indemnification and costs.
The proofs show that on the 22nd day of December, 1908, the defendant, armed with a bolo, went into the field where Ramon Atienza was at work and, without saying a word, immediately attacked him, inflicting upon him several wounds, one of which, upon the right forearm, was such a serious nature that it disabled permanently that portion of the arm; that by reason thereof said arm became, and is, useless for the occupation in which, up to that time, the injured person had been habitually engaged.
There is a sharp conflict in the evidence produced at the trial as to the question of who first made the assault. Upon that conflicting evidence the court below found the defendant guilty as charged. He made a full analysis of the evidence upon which he based his conclusions and presented his reasons therefor. A thorough examination of the evidence produced at the trial discloses no reason why the conclusions of the court below should be disturbed. They are fully supported and justified by the evidence.
The judgment of the court below is, therefore, affirmed, with costs against appellant.
After the expiration of ten days let judgment be entered in accordance herewith, and ten days thereafter let the case be returned to the court whence it came for execution.
So ordered.