This case has been cited 1 times or more.
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2000-07-12 |
PARDO, J. |
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| However, we disagree with the finding of the trial court that treachery attended the commission of the offense. The essence of treachery is a swift and unexpected attack on an unarmed victim without the slightest provocation on the part of the victim.[23] From the evidence, the manner in which accused-appellant killed the victim showed abuse of superior strength, not treachery. An attack made by a man with a deadly weapon upon an unarmed and defenseless woman constitutes abuse of that superiority which his sex and the weapon used in the act afforded him, and from which the woman was unable to defend herself.[24] Although the victim was dragged and prevented from escaping, the evidence failed to adequately show that the attack was sudden, unexpected and executed in a treacherous manner. | |||||