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THE UNITED STATES Vs MCMANN
THE UNITED STATES Vs MCMANN
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.