FIRST DIVISION
[G.R. No. L-4346. February 29, 1908. ]
THE UNITED STATES, Plaintiff-Appellee, v. MARIANO PESCADOR, Defendant-Appellant.
Arcadio del Rosario for Appellant.
Attorney-General Araneta for Appellee.
SYLLABUS
1. AFFRAY; PROOF AS TO AGGRESSOR. — A fight occurred between the defendant and another person, but it was no proven beyond a reasonable doubt that the accused was the aggressor, and it is held that the defendant should be acquitted.
D E C I S I O N
WILLARD, J.:
That a fight took place between Mariano Pescador, the defendant, and Brigido Ribad, a municipal policeman is undisputed. The only question is, Who commenced the fight?
After an examination of the evidence we agree with the Attorney-General that it is not proven beyond a reasonable doubt that the defendant was the aggressor. If the policeman attacked him he was justified in defending himself, and such defense can not constitute the crime of atentado contra los agentes de la autoridad, defined in article 249 of the Penal Code.
The judgment of the court below is reversed and the defendant is acquitted, with the costs of both instances de oficio. So ordered.
Arellano, C.J., Torres, Mapa, Johnson, Carson, and Tracey, JJ., concur.
After an examination of the evidence we agree with the Attorney-General that it is not proven beyond a reasonable doubt that the defendant was the aggressor. If the policeman attacked him he was justified in defending himself, and such defense can not constitute the crime of atentado contra los agentes de la autoridad, defined in article 249 of the Penal Code.
The judgment of the court below is reversed and the defendant is acquitted, with the costs of both instances de oficio. So ordered.
Arellano, C.J., Torres, Mapa, Johnson, Carson, and Tracey, JJ., concur.
