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  • THE UNITED STATES Vs MCMANN

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    Robert McMann was charged with murder after shooting and killing McKay. Witnesses testified that McMann was carrying a revolver with the hammer raised when he attempted to enter a home but was denied entry. Later, while McKay and another man were seated nearby, McMann raised his pistol and shot McKay in the back of the head, killing him instantly. The Supreme Court affirmed the conviction, ruling that the shooting was not accidental and motive was not essential given it was proven McMann committed the act. The Court also found evidence of alevosia as McMann shot McKay without warning or provocation.

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    Robert McMann was charged with murder after shooting and killing McKay. Witnesses testified that McMann was carrying a revolver with the hammer raised when he attempted to enter a home but was denied entry. Later, while McKay and another man were seated nearby, McMann raised his pistol and shot McKay in the back of the head, killing him instantly. The Supreme Court affirmed the conviction, ruling that the shooting was not accidental and motive was not essential given it was proven McMann committed the act. The Court also found evidence of alevosia as McMann shot McKay without warning or provocation.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    120 views1 page

    THE UNITED STATES Vs MCMANN

    Uploaded by

    Angelica laroya
    Robert McMann was charged with murder after shooting and killing McKay. Witnesses testified that McMann was carrying a revolver with the hammer raised when he attempted to enter a home but was denied entry. Later, while McKay and another man were seated nearby, McMann raised his pistol and shot McKay in the back of the head, killing him instantly. The Supreme Court affirmed the conviction, ruling that the shooting was not accidental and motive was not essential given it was proven McMann committed the act. The Court also found evidence of alevosia as McMann shot McKay without warning or provocation.

    Copyright:

    © All Rights Reserved
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    of 1

    THE UNITED STATES vs.

    ROBERT MCMANN
    G.R. No. 2229, July 1, 1905
    Willard

    FACTS

    On the day in question Robert McMann had charge of some mules about one and one
    half miles from the camp. Mcmann arrived at the house of one Amay Pindolonan and
    attempted to enter, but was unable to do so on account of the opposition of the owner. He also
    carried his revolver in his hand with the hammer raised ready to be discharged. McMann
    snatched the bolo of a Moro named Master and cutting the latter’s fingers. This Moro left for
    the camp to report the matter to the authorities. Soon after one McKay and the Moro
    Pindolonan, being seated side by side at a distance of from 3 to 6 feet from McMann, who was
    either standing or sitting on the stairway which led into the house, the latter raised his pistol
    and fired at McKay. The bullet struck him in the back of the head and killed him instantly. The
    Moro at once jumped up, looked around to see where the shot came from, and started to run,
    whereupon the defendant shot him.

    ISSUE
    1. Whether or not the motive is important in convicting a victim.
    2. Whether or not the alevosia can be presumed from the facts.

    RULING
    The Supreme Court ruled that the judgment of the court is affirmed with the costs of
    this instance against the defendant.
    The Court ruled that there is no ground for saying that the shooting was accidental. The
    question of motive is of course very important in cases where there is doubt as to whether the
    defendant is or is not the person who committed the act, but in this case, where it is proved
    beyond all doubt that the defendant was the one who caused the death of McKay, it is not so
    important to know the exact reason for the deed.
    The same Court also ruled that before any struggle between McKay and McMann had
    commenced, or before there was any indication, so far as the evidence goes, of any trouble
    between them, and without any warning, the defendant shot McKay in the back of the head.

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