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United States Vs. Domingo Baluyut

THE UNITED STATES, plaintiff-appellee, vs. DOMINGO BALUYUT, defendant-appellant.

G.R. No. 2137 | 1905-10-09

D E C I S I O N


WILLARD, J.:

In a fight with bolos between the defendant and Agustin Mercado, the latter lost the index finger of this right hand. The evidence is sufficient to prove the guilt of the defendant, and his claim that Mercado was the aggressor is not supported by the proof.

The court below held that the index finger of the right hand was a principal member of the body, and that the case, therefore, was within the provisions of article 416, par. 2, of the Penal Code. This view finds support in the testimony given by a doctor at the trial. We think, however, that a finger is not a principal member of the body, as that term is...