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Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. 1925            April 25, 1905

THE UNITED STATES, plaintiff-appellee,
vs.
TOMAS CAÑETA, defendant-appellant.

W. L. Wright for appellant.
Office of the Solicitor-General Araneta for appellee.

CARSON, J.:

Tomas Cañeta, the appellant in this case, was convicted of the crime of brigandage in the Province of Albay and sentenced to twenty years' imprisonment and to the payment of the costs of the proceedings.

It was proven at the trial that the accused was a member of an armed band of some forth persons, which was organized in the Province of Albay, under the leadership of one Matias Bedar, but there is no evidence in the record to show for what purpose the said band was organized or that it had for its object the stealing of carabaos or other personal property, by means of force and violence, and we are of opinion, therefore, that the accused should have been acquitted of the crime with which he was charged, and that the sentence appealed from should be reversed, with the costs de oficio in both instances. So ordered.

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

The Lawphil Project - Arellano Law Foundation

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