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United States vs. Luis Pascual

THE UNITED STATES, plaintiff-appellee, vs. LUIS PASCUAL, defendants-appellant.

G.R. No. L-4265 | 1908-03-26

CARSON, J.:

Appellant was convicted of the crime of estafa, as defined and penalized in paragraph 5 of article 535 of the Penal Code.

It was at the trial, beyond a reasonable doubt, that to the prejudice of the complaining witness the accused appropriated the sum of P310 which had been intrusted to, and received by him with the obligation of delivering it to a third person.

The only question for consideration is the contention of counsel for the appellant that "no deceit with intent to defraud" having been practiced in obtaining the money from the complaining witness, it was error to find him guilty of the crime of estafa, because,...