SECOND DIVISION
[G.R. No. 2867. September 11, 1906. ]
THE UNITED STATES, Complainant-Appellee, v. JULIAN REYES, Defendant-Appellant.
W. A. Kincaid, for Appellant.
Solicitor-General Araneta, for Appellee.
SYLLABUS
1. THEFT. — The defendant had possession of the property, both de facto and de jure. He had a right to dispose of an aliquot part of the crop. His unlawful disposition of the share of his partner or joint owner was not an act constituting from another. The taking and abstracting is what constitutes the crime of theft.
D E C I S I O N
ARELLANO, J.:
Assuming that the findings of fact contained in the decision of the court below are correct, it appears (1) that one Vicente Sulit occupied as a tenant several parcels of land within the hacienda of Justo Guido for the use of which he gave to the owner 30 cavanes of palay for every 3 cavanes of seed received from the latter; (2) that the said Vicente Sulit, who was a man 80 years of age, entered into an agreement with Julian de los Reyes whereby the former was to contribute 3
