FIRST DIVISION
[G.R. No. 5252. February 16, 1910. ]
THE UNITED STATES, Plaintiff-Appellee, v. PEDRO MALIGALIG, Defendant-Appellant.
Ramon Fernandez, for Appellant.
Solicitor-General Harvey, for Appellee.
SYLLABUS
1. THEFT; PRINCIPALS IN CRIME; ACCESSARIES. — It is the settled rule of the courts on the question of criminal liability, that the finding of the corpus delicti in the possession of a person establishes the presumption that he is the principal in the crime, unless it be proven who was the real principal and that the possessor is merely an accessary. (U. S. v. Soriano, 9 Phil. Rep., 445.)
D E C I S I O N
MAPA, J.:
The defendant herein is prosecuted for the theft of two horses, of which crime he was declared guilty by the Court of First Instance and sentenced as principal at herein to the penalty of two years eleven months and one day of presidio correccional to pay an indemnity of P100 to the injured party for the unrecovered horse, or in case of insolvency to suffer the corresponding subsidiary imprisonment at the rate of one day of every 12
