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THE
UNITED STATES,
G. R. No. 15873 March 12, 1920 -versus-PAULINO VALDEZ AND BUENAVENTURA GAMIT, Defendants BUENAVENTURA GAMIT, Appellant. AVANCEÑA, J:
On
the 7th of April, 1919,
a marriage feast was being celebrated in the house of Leocadio Valdez
in
the Barrio of Bantug of the town of Victoria, Tarlac. The deceased
Hilarion
Allarde and the defendants Paulino Valdez and Buenaventura Gamit were
among
those present at the gathering. On that occasion, Paulino Valdez told
Hilarion
that he was a fool because he had been a witness for his brother
Evaristo
Allarde, when the latter had a suit against Paulino concerning a piece
of land. Hilarion Allarde paid no attention to this allusion. When
Hilarion
Allarde went down from the house in order to return to the town, he was
followed by Paulino Valdez, Buenaventura Gamit and others; and on
arriving
at a certain place, Buenaventura Gamit held him fast from behind
without
saying a word and while in this position, Paulino Valdez inflicted a
wound
in his abdomen with a knife. These facts appear not only from the dying
declaration of the deceased Hilarion Allarde but also from the
declarations
of the two witnesses, Bernabe Mauricio and Evaristo Allarde, who saw
when
Buenaventura Gamit held the deceased fast from behind and, while in
this
condition, Paulino Valdez inflicted a wound in the abdomen with a
knife.
Bernabe Mauricio, who was some distance away, upon seeing Hilarion
Allarde
being assaulted, approached and, as Paulino Valdez attempted to
continue
attacking Hilarion Allarde, snatched from Paulino the knife he was
carrying.
Arellano, C.J., Torres, Johnson, Araullo, Street and Malcolm, JJ., concur. |
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