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[US v. MIKE BEECHAM](http://lawyerly.ph/juris/view/ce0b?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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[ GRNo. 5162, Feb 26, 1910 ]

US v. MIKE BEECHAM +

DECISION

15 Phil. 336

[ G. R.No. 5162, February 26, 1910 ]

THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. MIKE BEECHAM, DEFENDANT AND APPELLANT.

D E C I S I O N

MORELAND, J.:

The defendant in this case  was charged with murder in causing the death of Edward  T.  Clark, the information charging said crime being as  follows:
"On. the 11th day of May, 1908, at Camp Stotsenberg, in the municipality of  Mabalacat, in the Province of Pampanga, Philippine Islands, the  accused, Mike Beecham, maliciously,  intentionally, and criminally, with premeditation and treachery, discharged a rifle or firearm against a soldier,  Edward  T.  Clark, a member of the said troop of cavalry, causing two wounds, one in  the head and another in the abdomen, which  wounds caused  the death of  said Clark on the 14th day of May, 1908   *   * *."
The defendant  was convicted of  murder in the court below and condemned to  life imprisonment,  indemnification, and costs.  From this judgment and sentence the defendant appealed.

The crime above set forth  was committed  at the same time and with the same weapon as was committed the crime in cause  No. 5161,[1]just decided by this court.  We make the facts and the reasons set out in that case, and used  as a basis  for convicting the defendant therein, a part of the decision and opinion in this case,  and, upon the facts  and for the reasons therein set forth, we find the defendant in this case guilty of the crime of murder, qualified by treachery and  attended  with  the  aggravating circumstance of premeditation as defined by law.

The judgment of the court  below is hereby reversed and it is adjudged and decreed that the defendant is guilty of the  crime of murder, attended by the aggravating circumstance of premeditation, and  we hereby impose upon  him the  penalty of death, with the  accessories mentioned in article  53 of the  Penal Code, the  indemnification of the heirs of the said Edward T.  Clark in  the  sum of P1,000, and the payment of the costs in this action.  So ordered.

Arellano, C. J., Torres, Mapa, Johnson, and Carson, JJ., concur.



[1] Page 272, supra.

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