People v. Samson
REITERATIONFacts
The Antecedents: The case involves a charge of housebreaking, where five armed men, including the appellant, forcibly entered a house at midnight. The perpetrators used violence, tying the occupants while they searched the premises, with the apparent intent to commit rape. The appellant was identified by one of the victims, who was subsequently taken to the appellant's residence and held for several days. Procedural History: The Court of First Instance found the appellant guilty of housebreaking under paragraph 2 of article 491 of the Penal Code, considering the aggravating circumstances of being committed en cuadrilla (in a group) and at night. The court imposed a sentence of four years, nine months, and eleven days of prision correccional, a fine of two thousand three hundred pesetas, and costs. The Appeal: The defendant appealed the decision of the Court of First Instance. The Supreme Court, reviewing the case, found the judgment of the lower court to be in accordance with the law, both in its factual findings and the penalty imposed. Consequently, the Supreme Court affirmed the sentence in its entirety, including the costs charged against the defendant.
Issue(s)
Whether the facts presented constitute the crime of housebreaking under Article 491, paragraph 2 of the Penal Code. Whether the aggravating circumstances of 'en cuadrilla' and nighttime commission were properly considered.
Ruling
The Supreme Court affirmed the judgment of the Court of First Instance in all its parts, finding it in accordance with the law regarding both the legal appreciation of the facts and the penalty imposed.
Ratio Decidendi
On Issue 1: The Court found that the testimony of three witnesses affirmatively established the reality of the housebreaking. The act involved forcing entry into a house at midnight by five armed men. The appellant was identified by a witness who was forcibly taken from the house and detained by him. The perpetrators exercised violence and intimidation upon the occupants, tying them up to facilitate their unlawful entry and search, with the clear intent to commit further crimes, specifically rape. These facts satisfy the elements of housebreaking as defined in Article 491, paragraph 2 of the Penal Code, which penalizes unlawful entry into a dwelling with violence or intimidation. On Issue 2: The Court found that the commission of the offense 'en cuadrilla' (by a band of more than three armed men) and at nighttime were properly considered as aggravating circumstances. The presence of five armed men clearly constitutes 'en cuadrilla'. The act was executed at midnight, fulfilling the condition of nighttime commission. These circumstances, as provided for in the Penal Code, serve to increase the penalty for the crime of housebreaking, justifying the sentence imposed by the lower court.
Main Doctrine
The crime of housebreaking, as defined in paragraph 2 of Article 491 of the Penal Code, is constituted by the unlawful entry into a dwelling with violence or intimidation against persons. The commission of the offense 'en cuadrilla' (by a band) and at night are considered aggravating circumstances that warrant a higher penalty.