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Lunes, Agosto 22, 2011

US v Guevarra



FACTS:

- GUEVARRA SLASHED HIS WIFE WITH A BOLO SEVERAL TIMES CAUSING 3 WOUNDS WHILE STARCHING CLOTHES

- COUNSEL FOR DEFENSE TRIED TO PROVE THAT GUEVARRA WAS SUFFERING FROM A FIT OF INSANITY

- COURT OF FIRST INSTANCE SAID GUEVARRA WAS GUILTY FOR CRIME OF PARRICIDE

ISSUE:

-W/N CFI ERRED IN CLASSIFYING ACT AS PARRICIDE

- W/N CFI ERRED IN NOT REGARDING THE PLEA OF INSANITY FOR DEFENDANT

- W/N CFI ERRED IN IMPOSING PENALTY OF LIFE IMPRISONMENT

HELD:

- NO GROUND TO SUPPORT THE ALLEGATION OF DEFENSE THAT IT SHOULD NOT BE CLASSIFIED AS PARRICIDE

- NOTHING IN THE EVIDENCE TO SHOW THAT GUEVARRA WAS NOT OF SOUND MIND NOR WAS HE UNDER A SUDDEN ATTACK OF INSANITY. THE ACTS OF “INSANITY” MAY HAVE BEEN FEIGNED BY GUEVARRA AFTER HE HAD LEARNED THAT HE COMMITTED A GRAVE CRIME. (DEFENDANT ACTED AS IF HE WAS TERRIFIED WHEN THE PRES. OF THE BOARD OF HEALTH TOOK HIS BLOOD SAMPLE, THAT HE WAS NAKED AND LYING FACE DOWNWARDS W/O KNOWING WHAT HE WAS DOING AND SWIMMING IN HIS OWN URINE IN JAIL) PRES. OF BOARD OF HEALTH OBSERVED THAT HE DEFENDANT NEVER BEHAVED IN AN IRRATIONAL CONDITION. DEFENDANT DID NOT SHOW ANY SIGNS OF PERTURBED REASON DURING HIS STAY IN THE COMPANY OF HIS WIFE

- NOT ERRED IN IMPOSING LIFE IMPRISONMENT, AS PENALIZED IN ART 402 OF THE PENAL CODE

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