This case has been cited 1 times or more.
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2002-08-01 |
QUISUMBING, J. |
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| injury is caused by mere accident; and (3) that there was no fault or intent on his part to cause the injury.[16] Appellant must convincingly prove the presence of these elements in order to benefit from the exempting circumstance of accident. However, his defense utterly failed to discharge this burden. Thus, we find no reversible error in the judgment of the trial court. By appellant's own testimony, the victim was unarmed. In contrast, appellant had an armalite and a handgun. It is highly inconceivable that an unarmed man could pose bodily harm to another who is heavily armed. | |||||