Written by Johnson, J.

THE UNITED STATES, complainant-appellee,
vs.
SIXTO PABLO, defendant-appellant.

Republic of the Philippines
Supreme Court
Manila
En Banc

G.R. No. 1990
13 February 1905

Roberto Moreno for appellant.
Office of the Solicitor General Araneta for appellee.

JOHNSON, J.:

The defendant in this case was charged with the crime of robbery. The complaint filed in said case alleged that the defendant, in company with two other persons armed with guns and revolvers, in the middle of the night on the 7^th of August, 1903, in the sitio of Balante, barrio of Santa Cruz, pueblo of Gapan, Province of Nueva Ecija, did, by force, violence, and intimidation, take, steal, and carry away one carabao, the property of Francisco Vergara.

The court found the defendant guilty of the crime charged and sentenced him to be imprisoned for the period of two years eleven months and eleven days and to pay the costs of the action.

The evidence shows that the said defendant, did, in the middle of the night on the 7^th of August, 1903, together with armed companions, by force and violence, taken and carry away one carabao, the property of Francisco Vergara, with the intent then and there to deprive the owner of said property, contrary to the provisions of articles 502 and 503 of the Penal Code, and he is therefore hereby sentenced to the penalty of presidio correccional for a period of two years eleven months and eleven days, and to pay the costs of both instances. So ordered.

Arellano, C.J., Torres, Mapa and Carson, JJ., concur.

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