- Petitioner
- People
- Respondent
- Montes
- Citation
- G.R. No. 30686
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Avanceña, C.J.
- Decided
- August 12, 1929
Summary
Criminal case where six defendants were originally charged with frustrated homicide for attacking American sailors with clubs and iron bars in January 1928. The Supreme Court modified the conviction to physical injuries under Article 418 of the Penal Code, finding no intent to kill based on defendants' conduct of leaving when victims lost consciousness rather than continuing the attack. The Court treated injuries to each victim as separate crimes and considered the aggravating circumstance of uninhabited place, sentencing each defendant to six months arresto mayor and a fine of 1,300 pesetas. The case demonstrates the distinction between frustrated homicide and physical injuries based on criminal intent.