Preview

Criminal Law Case Digest

Good Essays
Open Document
Open Document
802 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Criminal Law Case Digest
U. S. vs Rivera
GR No. 16443
March 21, 1921

FACTS:
When Leona Laciste endeavored to set fire to the house of Martina Rivera in which 2 children of the latter were sleeping, the two women grappled and Leona Laciste was boloed to death by Martina Rivera. As a result, a criminal prosecution for murder was initiated in the Court of First Instance on La Union.

DECISION OF THE LOWER COURT:
Guilty of Homicide.

ISSUE:
Whether or not Martina Rivera is guilty of homicide.

DECISION OF THE APPELLATE COURT:
Judgment of the Court of First Instance is affirmed, with modification. The accused proceeded beyond the limits of immunity when, after the assailant was out of the house and prostate on the ground, she persisted in wounding her no less than fourteen times.

People of the Philippines vs Juan Alabas
GR No. 14218-B
February 15, 1956

FACTS:
On September 29, 1952, Pantaleon Garcia, a municipal jail detainee informed the chief of police that Juan Abalas was holding an unlicensed firearm. Thereupon, the chief of police ordered Corporal Silvino Pararuan and Patrolman Juan Lastimosa to proceed to Narvacan. The appellant initially denied having possession of the firearm. However, upon being informed that somebody reported that he had in his possession an unlicensed firearm, the appellant admitted that he was really keeping a firearm given by former barrio lieutenant Pantaleon Garcia. Appellant was later taken to the municipal building, where the appellant expressly and voluntarily admitted that he received a gun from Pantaleon Garcia and then hid it by burying the can containing it. Appellant insists on his acquittal for the sole reason that he delivered the gun to barrio lieutenant Pedro Arenas when he announced “that anyone who is concealing firearms should surrender so that they will not be penalized.” This fact was denied by the prosecution.

DECISION OF THE LOWER COURT:
Guilty of Illegal Possession of Firearm.

ISSUE:
Whether or not the

You May Also Find These Documents Helpful

  • Good Essays

    The article is entitled “Teen charged with bullying boyfriend via text message to kill himself”. It is a Massachusetts criminal law case that is about a 17-year-old girl named Michelle Carter essentially pressuring her boyfriend into committing suicide .These pressuring text messages with her late 18- year-old boyfriend Conrad Roy III ultimately resulted in the teen being charged with involuntary manslaughter. The article displays both the prosecution and defence for this case with defense stating that Carter initially tried discouraged Carter from committing suicide and only supported his decision after thinking that his mind was made up. The text messages they used to support their claim included a text from Carter to Roy a month before…

    • 575 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The deputies kicked him several times in the stomach attempting to force the capsules out of his body.…

    • 4749 Words
    • 19 Pages
    Good Essays
  • Powerful Essays

    Salinas V Texas

    • 1542 Words
    • 5 Pages

    On the morning of December 18, 1992, two brothers were shot and killed in their Houston home. Police were called by a neighbor who heard the gunshots, and then seen a “dark colored” car fleeing from the house. It was later found out that defendant, Genovevo Salinas, was at the residence where the murders took place the night before December 18th. When officers went to Salinas’ house, they arrived to a dark blue vehicle that matched the witness’s account of the car. Police asked Salinas a few questions, he let the officers have his shotgun, and then the police asked him to come down to the station to answer a few questions so they could “clear him as a suspect.”…

    • 1542 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    The complainant pleaded guilty to possession of a pistol during the incident. A finding that the appellant and his codefendants were the aggressors is inconsistent with the fact they called the police and remained on the scene until their arrival.…

    • 522 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    The Appellate Court’s decision was that the defendant(s) were not entitled to use the self-defense defense.…

    • 974 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    Thomas reese

    • 374 Words
    • 2 Pages

    3We conclude that with the exception of the firearms counts, there exists sufficient evidence to support those convictions that the Reeses challenge. Accordingly, we reverse Thomas Reese's convictions for unlawful possession of firearms and affirm the other convictions involved in this appeal. We further conclude that the sentences imposed on Linda Reese were valid and must be affirmed. However, a serious question exists as to the extent to which the sentences imposed on Thomas Reese were influenced by certain ex parte information submitted by the prosecution. We therefore vacate Thomas Reese's sentences and remand his case to the district court for resentencing.…

    • 374 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Shepardizing Pa201

    • 570 Words
    • 3 Pages

    How many law reviews have cited to this case? Please give the citation to the first one to cite to this case.…

    • 570 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Assignment 2

    • 851 Words
    • 3 Pages

    3. Briefly state the facts of this case, using the information found in the case in LexisNexis. (5 points)…

    • 851 Words
    • 3 Pages
    Good Essays
  • Better Essays

    la mata viejitas

    • 1171 Words
    • 4 Pages

    Baratta, Alexandro (1993) Criminología crítica y crítica del Derecho Penal. Siglo xxi, México.(Baratta, Alexander (1993) Critical Criminology and Criminal Law Review. Siglo XXI, Mexico.)…

    • 1171 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Please accept this letter as a complaint of employment discrimination based on gender by Alice Bennett. Please also accept this letter as an appearance by Marcia Robinson of Auburn University Legal Services on behalf of Mrs. Alice Bennett.…

    • 643 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Criminal Justice Midterm

    • 1410 Words
    • 7 Pages

    Many people of history lived in limited geographocal colonies that were independent, close-knit entities called:…

    • 1410 Words
    • 7 Pages
    Satisfactory Essays
  • Powerful Essays

    One of the greatest challenges currently facing the American criminal justice system is overcrowding. America has the largest prison population in the world with over two million inmates which have led to major challenges in housing the many inmates. The many challenges being faced by the correctional system include insufficient prison beds for inmates and lack of prison space as well as inadequate funding, and resources. The causes for the extreme overcrowding have been blamed on retributive sentencing polices, new legislation, the War on Drugs, and the criminalization of the juvenile offender.…

    • 1665 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    The sentencing judge found that it was established beyond reasonable doubt that the respondent, after finding out that Flick was pregnant, that the course of terminating the offspring by any means in his power, either consensual or otherwise was going to be taken and was part of his thought process during the course of Flicks pregnancy up to the events on the 20th of August 2002. Mens Rea in this case concerning a guilty mind in regards to King has been proven by the actions that led to the assault. It has been stated before the court that King sought an abortion upon the beginning of the pregnancy, determining his disagreement towards the life of the child, and his outlook towards the future of the pregnancy, also being emphasised during his conversations involving Jessica Williams and Brianne McCarthy offering them a payment of $500.00 if they would ‘bash’ Flick as long as it resulted in the death of the baby. His honour concluded that this course of actions was evident in his previous actions, therefore proving a guilty mind.…

    • 1650 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    Negligence and Points

    • 472 Words
    • 2 Pages

    5. According to the case, why didn't the court approve summary judgment for product liability claims? (5 points)…

    • 472 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Plaintiffs’ Memorandum of Points and Authorities in Support of Complaint for Charge of Accessory after the fact in the crime of Credit Card Fraud…

    • 1970 Words
    • 8 Pages
    Powerful Essays