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FIRST
DIVISION
THE UNITED STATES,
Plaintiff-Appellee,
G.
R.
No. L-2978
March
2, 1907
-versus-
CASIMIRO DE
LOS
SANTOS, ET AL.,
Defendants-Appellants.
D E C I S I
O N
CARSON, J:
The evidence of record
fully sustains the findings of the trial court, and the guilt of the
appellants
for the crime of brigandage with which they were charged is established
thereby beyond a reasonable doubt.
Counsel for Pablo de
los Santos contends that the complaint as to him should be dismissed
because
he has been heretofore convicted and sentenced to six years ten months
and one day of imprisonment [presidio mayor] on a complaint
charging
him with the "robbery in an armed band" of a boat load of sugar, this
identical
robbery being one of the robberies proved at the bearing of this case.
It will be observed, however, that in the complaint in this case he is
charged, with the crime of braigandage - that is, conspiring with
others
to commit robbery - and that this offense is wholly distinct from the
offense
of which he was convicted in the former case. Proof of the commission
of
this act of robbery was introduced in this case, together with evidence
touching other robberies committed by the same band, simply as facts
which
tended to establish the conspiracy to commit acts of brigandage, with
which
the penalized in the Brigandage Act, and it is for uniting himself with
these conspirators that the penalty is imposed. [Sec. 1, Act No. 518].
The trial court imposed
the penalty of twenty years imprisonment on each of the accused, that
being
the minimum penalty prescribed by law, but we are of opinion that in
the
case of Pablo de los Santos this penalty should be increased, because
it
appears that he was a deserter from the ranks of the Constabulary. We,
therefore, modify the sentence of the trial court in so far as it
imposes
twenty years imprisonment upon the said Pablo de los Santos and instead
thereof, We sentence him to twenty-five years' imprisonment and thus
modified
the judgment and sentence of the trial court is affirmed, with the
costs
of this instance against the appellants. After the expiration of ten
days,
let judgment be entered in accordance herewith, and ten days
thereafter,
let the case be remanded to the lower court for proper action. So
ordered.
Arellano, C.J.,
Torres, Mapa, Johnson, Willard, and Tracey, JJ., concur. |
