This case has been cited 1 times or more.
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2014-11-26 |
BERSAMIN, J. |
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| We have no cogent reason to deviate from or to disregard the findings of the trial and appellate courts on the credibility of Alexander's testimony. It is not disputed that the testimony of a single but credible and trustworthy witness sufficed to support the conviction of the petitioner. This guideline finds more compelling application when the lone witness is the victim himself whose direct and positive identification of his assailant is almost always regarded with indubitable credibility, owing to the natural tendency of the victim to seek justice for himself, and thus strive to remember the face of his assailant and to recall the manner in which the latter committed the crime.[11] Moreover, it is significant that the petitioner's mere denial of the deadly manner of his attack was contradicted by the credible physical evidence corroborating Alexander's statements. Under the circumstances, we can only affirm the petitioner's conviction for frustrated homicide. | |||||