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FIRST
DIVISION
THE UNITED STATES,
Plaintiff-Appellee,
G.
R.
No. L-3728
September
25, 1907
-versus-
ANASTASIO
MAISA,
Defendant-Appellant.
D E C I S I
O N
ARELLANO, C.J.:
It was proven in this case
that while Anastasio Maisa and Jose Machon were engaged in a fight,
Isaac
Monrayo tried to separate them and gave Maisa a push which caused the
latter
to fall to the ground, and on getting up, Maisa struck Monrayo in the
face,
hitting him in the right eye, which became completely disabled. The
accused
alleged that the blow was aimed at Machon, and not at Monrayo. Although
the wrongful act be committed against a person other than the one whom
it was intended to injure, this fact does not excuse the offender from
criminal liability for the voluntary commission of a wrongful act or
misdemeanor,
according to Paragraph 3 of Article 1 of the Penal Code.
Therefore, the judgment
appealed from, whereby the accused is sentenced to two years four
months
and one day of prision correccional, and to pay Isaac Monrayo
an
indemnity of 50 Pesos or to suffer subsidiary imprisonment in case of
insolvency,
is hereby affirmed. And he is further sentenced to pay the costs of
both
instances. So ordered.
Torres, Johnson,
Willard,
and Tracey, JJ., concur.
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