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PEOPLE vs. Eugenio Y. Garcia

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EUGENIO GARCIA Y MADRIGAL, defendant-appellant.

G.R. No. L-2873 | 1950-02-28

D E C I S I O N


TUASON, J.:

The sole question presented on this appeal is whether the appellant, being 17 years of age at the time of the commission of the crime, was entitled to the privileged mitigating circumstance of article 68, paragraph 2, of the Revised Penal Code. The lower court, ignoring defendant's minority, sentenced him to an indeterminate penalty of from 4 years, 2 months and 1 day of prision correccional to 8 years of prision mayor for the crime of robbery of which he was found guilty. He was also sentenced to pay the offended party, jointly and severally with the other accused, the sum of P85 as indemnity.

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