1. "LESIONES GRAVES." — Where three persons suddenly leaped from bushes in which they were hidden and one of them seized the carabao upon which the complaining witness was riding while another struck him a blow on the left arm with a club which felled him to the ground, and the other approached him with a bolo and, in spite of his remonstrances and prayers, struck him two blows, one on the shoulder and the other across the lips, whereupon the three withdrew leaving the complaining witness lying on the ground apparently senseless; and where it appears that the wounds, while serious, were not mortal or likely to produce death and were not located in a vital spot, the crime thus committed is neither frustrated murder nor frustrated homicide, but such facts constitute the crime of grave physical injuries (lesiones graves).

2. FRUSTRATED CRIMES. — A felony is frustrated when the offender performs all the acts of execution which should produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

3. ATTEMPTED CRIMES. — Nor is the crime attempted murder. A crime is attempted when the offender commences the commission of the felony directly by overt acts but does not perform all of the acts of execution which constitute the felony by reason of some cause or act other than his own voluntary desistance.

4. ATTEMPTED OR FRUSTRATED MURDER; INTENTION. — To establish attempted or frustrated murder the intention to kill must be proved.

This is an appeal from a judgment of the Court of First Instance of Laguna convicting the accused of the crime of frustrated murder and sentencing each one of them to eight years and one day of prision mayor, with the accessories provided by law, to pay, jointly and severally, to the offended party the sum of P400, and to pay the costs of the trial.

It appears from the evidence that late at night on the 1st day of May, 1913, the accused Roman Maghirang, Damaso Rivera, and Francisco Gutierrez, in company with Pablo Sahagun, went to the house of Cornelio Briones in the barrio of Remedios, municipality of San Pablo, Laguna, carrying banjos and guitars, for the purpose of giving a serenade in front of Briones’ house in honor of his sister-in-law, to whom Sahagun was paying some attention. The young lady being ill, Briones, from his window, called to the accused and asked them not to continue the serenade as he was afraid the music would awaken her. The accused thereupon departed. About 2 o’clock of the afternoon of the following day Briones, riding a carabao, went to visit a piece of land belonging to him in Maabu. During the journey he had to cross a dry run which, in the wet season, emptied its waters into the Patay-na-tubig River. Briones had crossed this run and was in the act of ascending the opposite bank when suddenly the three accused, Roman Maghirang, Francisco Gutierrez, and Damaso Rivera, leaped from the bushes in which they were hidden. Gutierrez seized the carabao while Rivera struck Briones on the left arm with a club. The force of the blow knocked Briones to the ground. While down, Maghirang approached him with a bolo and, in spite of the remonstrances and prayers of Briones, struck him two blows, one on the shoulder and the other across the lips. The accused then withdrew. The blows were heavy ones and rendered the victim senseless. After returning to consciousness he was able, with great difficulty, to reach his house.

According to the testimony of the physician who examined Briones after the assault, the wound on the shoulder was about 18 centimeters long and, at the point of greatest profundity, 4 to 5 centimeters deep. The wound cut through all of the muscles of the shoulder, through the capsular ligament, and into the bone a distance of 2