D E C I S I O N
TUASON, J:
Jose Pardo was prosecuted in the Court of First Instance of Zamboanga together with Agapito de la Cruz and Tomas Pesario, charged with "double murder." De la Cruz and Pesario were discharged and used as state witnesses. This is an appeal by Pardo from a judgment of conviction sentencing him to death.
Between 7 and 8 o'clock in the evening of March 27, 1946, the appellant fired two shots at Capt. Berthram Burchfield of the United States Army with a .45 caliber automatic pistol. One of the shots struck the intended victim and from its effects he died at the Zamboanga General Hospital at 9:30 o'clock...
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