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PEOPLE vs. Salico

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. OSCAR SALICO, defendant-appellee.

G.R. No. L-1567 | 1949-10-13

D E C I S I O N

FERIA, J p:

This is an appeal by the provincial fiscal from the order of the Court of First Instance of Occidental Negros which, upon the petition of the defendant before the latter has presented his evidence, dismissed the criminal action against the defendant charged with homicide on the ground that the fiscal was not able to prove that the offense was committed within the territorial jurisdiction of the court, or that the town or municipality of Victorias in which it was committed is within the Province of Negros Occidental.

It is obvious that the lower court erred in not taking judicial notice as it ought to of the...