[ G.R. No. L-203, September 30, 1946 ]
PEOPLE VS. SALVADOR DEL ROSARIO, FAUSTO VARGAS, AND SALVADOR VELASCO.
D E C I S I O N
With two robbers in their house, it is very doubtful that the offended party and his wife, with the light emitted by a coconut oil lamp and even with the alleged moonlight, could readily and infallibly recognize the third defendant's identity at a distance outside the house. The more so in view of the probability that said spouses, surprised and seized by fear, must have had their attention fixed on the persons actually confronting them and, thus apprehensive of every move of the intruders, would not care to look around in an effort to ascertain those outside the house. The third defendant is therefore acquitted.