This case has been cited 1 times or more.
|
2002-09-17 |
BELLOSILLO, J. |
||||
| identification.[3] Since no improper motive has been ascribed to Edwin Selda, it creates the presumption that no such motive in fact existed. In the absence of any evidence showing why the prosecution witness would have testified falsely, the logical conclusion is that no such improper motive existed and that the testimony is worthy of full faith and credit.[4] The findings and conclusions of the trial court on the credibility of the witness being unblemished by arbitrariness and capriciousness, this Court is bound to accord them great weight and even finality on appeal. But, accused-appellant claims that the lower court erred in convicting him of murder qualified by treachery and not "death in a tumultuous affray." | |||||