[ G.R. No. 10759. January 25, 1916 ] 33 Phil. 285
[ G.R. No. 10759. January 25, 1916 ]
THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. PEDRO VERZOLA, DEFENDANT AND APPELLANT. D E C I S I O N
CARSON, J.:
The facts in this case are substantially analogous with those in the case of the United States vs. Tubban (29 Phil. Rep., 434). Upon the authority of that decision, and in accord with the prayer of counsel for the accused and of the recommendation of the Attorney-General the sentence imposed in the lower court should be modified by substituting the penalty of six years and one day of prision mayor for so much thereof as imposes twelve years and one day of reclusion, temporal. Thus modified, the sentence imposed in the court below should be, and is hereby affirmed with the costs of this instance against the appellant. So ordered.
Arellano, C. J., Torres, and Trent, JJ., concur. Johnson, J., dissents. Moreland J., see dissenting opinion.