United States v. Addison
REITERATIONFacts
The Antecedents: Leon Patricio was cutting a tree in a forest within Concepcion, Tarlac. The accused, Seymour Addison, who was also cutting wood, discharged his revolver twice in the direction of Patricio. The first shot hit the tree Patricio was cutting. The incident occurred around 11 a.m. on January 19, 1906. Procedural History: The Court of First Instance found the accused guilty and rendered a judgment of conviction. The Petition: The accused appealed the judgment of conviction.
Issue(s)
Whether the accused is guilty of discharging a firearm at a person under Article 408 of the Penal Code. Whether the repetition of shots constitutes a greater crime than that provided for in Article 408.
Ruling
The judgment appealed from is affirmed. The accused is found guilty of discharging a firearm at a person, punishable under Article 408 of the Penal Code.
Ratio Decidendi
On whether the accused is guilty of discharging a firearm at a person under Article 408 of the Penal Code: The evidence presented by the prosecution, consisting of the testimony of Leon Patricio and two eyewitnesses, established that the accused discharged his revolver twice in the direction of Patricio. The first shot hit the tree Patricio was cutting. The defense presented witnesses who claimed the accused was with them the entire day, but the court found the prosecution's evidence more credible. The court noted that the details provided by the prosecution witnesses were uniform and detailed, despite minor discrepancies regarding the impact of the first shot. The act of discharging a firearm at a person, even if not hitting them, falls under the purview of Article 408 of the Penal Code if the circumstances do not constitute a frustrated crime or attempt at a higher offense. The court found no reason to doubt the veracity of the prosecution's witnesses, leading to the conclusion of guilt. On whether the repetition of shots constitutes a greater crime than that provided for in Article 408: Although two shots were fired, the Supreme Court, following established jurisprudence from Spain, held that the repetition of the shooting with a firearm toward the same person, on the same occasion, and by the same aggressor, may constitute a greater crime than that provided for in Article 408 of the Penal Code. However, it clarified that it would not constitute more than one crime, taking into account the intent of the accused and the means employed. This interpretation is based on judgments in cassation of December 19, 1882, and January 30, 1884. Therefore, while the act was more serious due to the repetition, it was still classified under the general provision of Article 408, as the circumstances did not elevate it to a frustrated or attempted higher crime.
Main Doctrine
The act of discharging a firearm at any person, without the circumstances constituting a frustrated crime or attempt at a higher crime, is punishable under Article 408 of the Penal Code with prision correccional in its minimum and medium degrees. The repetition of shooting towards the same person on the same occasion by the same aggressor may constitute a greater crime but not more than one crime, considering the intent and means employed.