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[G.R. No. 1678. February 2, 1905. ]

THE UNITED STATES, Complainant-Appellee, v. BRAULIO ALMASAN (alias PABLO PIANGA), Defendant-Appellant.

Enrique N . Barretto, for Appellant.

Solicitor-General Araneta, for Appellee.


1. CRIMINAL LAW; ROBBERY. — The fact proven by the testimony of several competent witnesses that the defendant entered a house, where he was identified by one of its occupants, and by force and violence took and carried away 700 pesos, Mexican, and various other goods belonging to the owner of the said house, is constituent of the crime of robbery and sufficient to justify a conviction for the same.



The defendant in this case was charged with the crime of robbery, tried by the Court of First Instance of the Province of Pangasinan on the 13th day of November, 1903, sentenced to be imprisoned for a period of five years of presidio correccional, and to indemnify the persons from whom the money was stolen in the sum of 930 pesos, Mexican, or to return the jewelry and money stolen to the offended party.

The evidence shows that the defendant, together with four more persons, did, in the month of October, 1903, enter the house of one Bartolomea Oclarino, in the pueblo of Salasa, and then and there, by force and violence, take and carry away the sum of 700 pesos, Mexican four golden rosaries, four pairs of golden earrings, one golden cross, one golden chain with a medal, two umbrellas, two hats, one suit of men’s clothing, and one blanket, all the property of the owner of said house.

The defendant here was the only one of the persons who entered the house on said night who was identified by any of the persons who were robbed. The defendant was arrested and taken into the custody of the law on the night of the robbery.

The foregoing facts were supported by the testimony of several witnesses.

The evidence is sufficient to support the sentence of the court below, and it is therefore affirmed, with the costs in both instances. So ordered.

Arellano, C.J., Torres, Mapa and Carson, JJ., concur.

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