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[US v. MARCELO AGUSTIN](https://lawyerly.ph/juris/view/c7a0?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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[ GR No. 4743, Dec 21, 1908 ]

US v. MARCELO AGUSTIN +

DECISION

G.R. No. 4743

[ G.R. No. 4743, December 21, 1908 ]

THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. MARCELO AGUSTIN, DEFENDANT AND APPELLANT.

D E C I S I O N

TORRES, J.:

ROBBERY ; AGGRAVATING CIRCUMSTANCES. From the Court of First Instance of Tarlac.  Llorente, J.

The accused admitted to the police that he was one of the band which committed the robbery in question, but stated that lie had been compelled against his will to accompany them. When arraigned in open court he denied his guilt. lie was recognized by one witness as one of those who went into the house, armed, and intimidated the occupants while the crime was committed. Also shown that he assisted in concealing part of the stolen property. He afterwards escaped from jail but was recaptured. Held, That the testimony of one witness with circumstantial evidence is sufficient to sustain the conviction. The number of members of the baud not clearly established, hence the crime should be classified as simple robbery, but the fact that it was committed at night and in the dwelling of the injured parties considered as aggravating circumstances.  Judgment modified, penalty increased.

For appellant: Eusebio Orense.
For appellee: Attorney-General Villamor.

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