[ G.R. No. 4847. September 18, 1909 ]

[ G.R. No. 4847. September 18, 1909 ]

G.R. No. 4847

[ G.R. No. 4847. September 18, 1909 ]

THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. GUIDO REGIS, DEFENDANT AND APPELLANT.

D E C I S I O N

MORELAND, J.:

FRUSTRATED MURDER; AGGRAVATING CIRCUMSTANCES; PENALTY. — From the Court of First Instance of Cagayan. Mc Cabe, J.

Defendant climbed through a window into the house of the complaining witness, entered the room where she was sleeping, and stabbed her nine times with a dagger, for which he was convicted of frustrated murder and sentenced to fourteen years eight months and one day of cadena temporal. As the crime involved nocturnity, dwelling, escalamiento, and alevosia under articles 65 and 403 of the Penal Code, sentence changed to seventeen years and four months of cadena temporal, with the accessories of the article 57. No proofs as to damages having been offered, the right of civil action is reserved. Judgment modified, penalty increased.

Per Moreland, J. For appellant: F. de P. Rodoreda. For appellee: Attorney-General Villamor.