This case has been cited 1 times or more.
|
2013-01-30 |
BRION, J. |
||||
| In order to arrive at probable cause, the elements of the crime charged, homicide in this case, should be present.[28] Jurisprudence laid out the elements of homicide as: (1) a person was killed; (2) the accused killed him without any justifying circumstance; (3) the accused had the intention to kill, which is presumed; and (4) the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide.[29] All of these elements are present in this case, as adequately shown by the affidavits of Edna and her witness, and by the autopsy report. | |||||