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G.R. No, 4127, March 17, 1908: Supreme Court of The Philippines

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M A J esty Falcon

The Supreme Court of the Philippines affirmed the conviction of Charles J. Kosel for unlawfully discharging a firearm at another person. The court found that while Kosel was acquitted of attempted assassination, the evidence showed he willfully fired his revolver to intimidate and frighten the complaining witnesses during a struggle, burning one witness. This constituted the crime of discharging a firearm at a person under the Penal Code. The court also rejected the argument that the complaint was defective for charging two separate offenses, as Kosel did not object on this ground at trial. The conviction and sentence were upheld.

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G.R. No, 4127, March 17, 1908: Supreme Court of The Philippines

Uploaded by

M A J esty Falcon
33 views2 pages
The Supreme Court of the Philippines affirmed the conviction of Charles J. Kosel for unlawfully discharging a firearm at another person. The court found that while Kosel was acquitted of attempted assassination, the evidence showed he willfully fired his revolver to intimidate and frighten the complaining witnesses during a struggle, burning one witness. This constituted the crime of discharging a firearm at a person under the Penal Code. The court also rejected the argument that the complaint was defective for charging two separate offenses, as Kosel did not object on this ground at trial. The conviction and sentence were upheld.

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4127

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The Supreme Court of the Philippines affirmed the conviction of Charles J. Kosel for unlawfully discharging a firearm at another person. The court found that while Kosel was acquitted of attempted assassination, the evidence showed he willfully fired his revolver to intimidate and frighten the complaining witnesses during a struggle, burning one witness. This constituted the crime of discharging a firearm at a person under the Penal Code. The court also rejected the argument that the complaint was defective for charging two separate offenses, as Kosel did not object on this ground at trial. The conviction and sentence were upheld.

Copyright:

© All Rights Reserved
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
33 views2 pages

G.R. No, 4127, March 17, 1908: Supreme Court of The Philippines

Uploaded by

M A J esty Falcon
The Supreme Court of the Philippines affirmed the conviction of Charles J. Kosel for unlawfully discharging a firearm at another person. The court found that while Kosel was acquitted of attempted assassination, the evidence showed he willfully fired his revolver to intimidate and frighten the complaining witnesses during a struggle, burning one witness. This constituted the crime of discharging a firearm at a person under the Penal Code. The court also rejected the argument that the complaint was defective for charging two separate offenses, as Kosel did not object on this ground at trial. The conviction and sentence were upheld.

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Supreme Court of the Philippines

10 Phil. 409

G.R. No, 4127, March 17, 1908


THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. CHARLES J.
KOSEL, DEFENDANT AND APPELLANT.

DECISION

CARSON, J.:

The accused was acquitted of the crime of frustrated assassination, with


which he was charged, but was convicted of unlawfully discharging a firearm
at another person as defined and penalized in article 408 of the Penal Code,
and sentenced to six months and one day of prision correccional.

It was proven at the trial that the accused attempted to intimidate the
complaining witnesses by pointing his revolver in their direction, whereupon
they threw themselves upon him and disarmed him. In the course of the
struggle the accused discharged the revolver so close to one of the
complaining witnesses that his side was burned by the flash of the discharge
and a number of particles of burnt powder were imbedded in his skin.

The accused swore that the revolver was discharged accidentally during the
struggle, but the testimony of the witnesses leaves no room for reasonable
doubt that the accused willfully fired the revolver, not with the intention of
killing or wounding his opponents but for the purpose of intimidating them
and frightening them away.

A majority of the court are of opinion that this constitutes the offense of
"discharging a firearm at a person" (disparar una arma de fuego contra
cualquiera persona) as defined and penalized in article 408 of the Penal
Code, and that the judgment of conviction by the trial court should therefore
be affirmed.

Counsel for the accused insist that the crime of frustrated assassination and
the crime of which the accused was convicted are two separate and distinct
offenses, not necessarily included one in the other, and that the complaint
having charged two offenses was for that reason fatally defective.

It does not appear, however, that the accused made any objection on this
ground in the court below, and we are therefore of opinion that he can not be
heard to raise this objection for the first time on appeal; and in accordance
with the doctrine laid down in the case of the United States vs. Paraiso [1] (1
Phil. Rep., 66), affirmed by the Supreme Court of the United States
December 16, 1907  the trial court did not err in convicting the accused of
any offense sufficiently charged in the complaint of which the evidence of
record sustains a finding of his guilt.

The judgment and sentence of the Court of First Instance are affirmed with
the costs of this appeal against the appellant.    So ordered.

Arellano, C. J., Torres, Mapa, Johnson, Willard, and Tracey, JJ., concur.

[1]
 5 Phil. Rep., 149.

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