G.R. No. L-4189

THE UNITED STATES, plaintiff-appellee, vs. SEYMOUR ADDISON, defendant-appellant.

February 28, 1908

FACTS: Seymour Addison discharged his revolver twice at Leon Patricio, who was cutting a tree in a forest in Concepcion, Tarlac. The first shot hit the tree Patricio was cutting. The incident occurred on January 19, 1906. Leon Patricio and two eyewitnesses testified for the prosecution. The defense presented alibi witnesses, claiming Addison was with them from morning until evening, and also attempted to prove that Addison’s revolver was taken back by authorities in February 1906, though a receipt showed it was taken back on March 6, 1906 (after the incident). The trial court found the prosecution’s evidence preponderant and credible, leading to a conviction.

ISSUE: Whether Seymour Addison is guilty of discharging a firearm at a person under Article 408 of the Penal Code.

RULING: The Supreme Court AFFIRMED the trial court’s judgment, finding Seymour Addison guilty. The Court found no important argument to counteract the conclusion of guilt nor any reason to discredit the veracity of the prosecution witnesses, who testified uniformly and in detail regarding the acts committed. The Court clarified that although two shots were fired, the repetition of shooting a firearm at the same person, on the same occasion, and by the same aggressor constitutes only one crime under Article 408 of the Penal Code, taking into account the intent of the accused and the means employed. Article 408 punishes the act of discharging a firearm at any person with prision correccional in its minimum and medium degrees, if the circumstances do not constitute a frustrated crime or attempt at parricide, murder, homicide, or any other crime for which a higher penalty is prescribed.