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United States Vs. Homer E. Grafton

THE UNITED STATES, plaintiff-appellee, vs. HOMER E. GRAFTON, defendant-appellant.

G.R. No. 2400 | 1906-04-03

D E C I S I O N


TRACEY, J.:

The defendant, charged with the crime of murder (asesinato), was convicted of homicide and sentenced to a term of imprisonment of twelve years and one day. He was a private in the United States Army, and when on guard at a military reservation at Camp Jossman, Guimaras, shot and killed two Filipinos Florentino Castro and Felix Villanueva. For this offense he was tried by court-martial and acquitted, but thereafter we prosecuted by the people in the present action for the death of Felix Villanueva.

The first inquiry is, Was the shooting justified? It occurred on (Sunday afternoon, July 24, 1904, between 2 and...