This case has been cited 1 times or more.
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2009-07-22 |
CHICO-NAZARIO, J. |
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| Our criminal justice system takes the stand that the prosecution has the burden of proving the guilt of the accused beyond reasonable doubt. If the prosecution fails to discharge that burden, the accused need not present any evidence. From the foregoing, the prosecution must be able to establish the essential elements of robbery with homicide, to wit: (a) the taking of personal property with the use of violence or intimidation against a person; (b) the property belongs to another; (c) the taking is characterized by animo lucrandi; and (d) by reason of the robbery or on the occasion thereof, homicide (used in its generic sense) is committed.[16] | |||||