[G.R. No. 31070. August 8, 1929. ]
THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. CHARLES E. T. WADE, Defendant-Appellant.
Thos. G. Ingalls and Emigdio L. Achacoso for Appellant.
Attorney-General Jaranilla for Appellee.
1. CRIMINAL LAW; HOMICIDE; SELF-DEFENSE NOT PROVED. — Upon a review of the proof in this case a conviction for homicide was sustained and the penalty placed in the medium degree of reclusion temporal, it appearing that the homicide, admittedly perpetrated by the accused, was not done in self-defense, as claimed by him, and notwithstanding the fact that the circumstances suggested that the mind of the accused may have been in some degree fired by wine imbibed by him shortly prior to the killing.
D E C I S I O N
This appeal has been brought to reverse a judgment of the Court of First Instance of the Province of Lanao, finding the appellant, Charles E. T. Wade, guilty of the offense of homicide and sentencing him to undergo imprisonment for fourteen years and one day, cadena temporal, and requiring him to indemnify the heirs of the deceased in the amount of P1,000, and to pay the costs.
It appears that in the afternoon of April 3, 1928, several persons, residents of Momungan, Province of Lanao, were collected together in a drinking place maintained by one Ariston Tijero in the poblacion of said municipality. Most of these individuals were persons of American citizenship, consisting of white men and persons of African descent. The Accused in this case, Charles E. T. Wade, colored, came to the place in an automobile, accompanied by Peter Martisen and two Moros. Among those present in the store were Edgar C. Choate, the deceased, Jere Barbour, and C. C. Andrews, all white men.
While the persons mentioned were seated at a table, drinks were passed around upon the order of Wade, though he himself did not imbibe. Hilarity then resulted, and some of those present engaged in dancing. In the course of these activities Choate punched one of Wade’s Moros, at which Wade took offense. Choate apologized, and those present, except Wade, thought no more of the incident. After a half hour or such a matter Wade got up and went out, and a few moments later he was followed by Choate, inquiring for one Smith. As Choate passed out of the door of the tienda, he lighted a cigarette, and when outside was confronted by Wade, who turned, drew his revolver and fired at Choate, inflicting a fatal wound in the breast or abdomen. Wade again proceeded to pull the trigger of the revolver, but seeing that the first shot had sufficiently taken effect, he turned and left. Choate staggered a moment and fell over dead, or dying soon after. A lieutenant of the Constabulary, one B. J. Tumilde, who arrived upon the scene in a few moments, found Choate lying 1