D E C I S I O N
OZAETA, J.:
Francisco Palmon was charged before the Court of First Instance of Capiz with serious physical injuries committed on November 19, 1948, in the municipality of Batan, Capiz, by firing a carbine at one Pedro Cipriano, thereby hitting and wounding Eliseo Flogio on the left thigh, which had to be amputated to save his life.
Before the arraignment of the accused His Honor Judge Hipolito Alo motu proprio dismissed the case on the ground that, under section 87 of Republic Act No. 296, the crime charged falls under the jurisdiction of the justice of the peace. From that order the provincial fiscal appealed.
The crime...
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