[ G.R. No. 5247. October 05, 1909 ]

[ G.R. No. 5247. October 05, 1909 ]

G.R. No. 5247

[ G.R. No. 5247. October 05, 1909 ]

THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. ANDRES QUIROGA, DEFENDANT AND APPELLANT.

D E C I S I O N

TORRES, J.:

ATTEMPTED HOMICIDE; MISDEMEANOR; PENALTY. — From the Court of First Instance of Manila. Smith, J.

Defendant was charged with attempted homicide, having struck another person a blow on the head with a club, from the effects of which the latter recovered in about five days. The lower court imposed ten days of arresto menor and defendant appealed. Offenses held to be a misdemeanor, under article 587, Penal Code. Mitigating circumstance of loss of reason and self-control taken into consideration, and judgment affirmed.

Per Torress, J. For appellant: Rafael Del-Pan. For appellee: Attorney-General Villamor.