Beruflich Dokumente
Kultur Dokumente
L-42288
FACTS:
At about eleven o'clock of June 5, 1934, while the general election in
the precinct number 4, located in the neighborhood of Aranguel the
Municipality of Pilar, Province of Capiz, defendant was surprised by Jose E.
Desiderio, who was then the representative of the Department of Interior to
inspect the general election in the Province of Capiz, and the commander of
the Constabulary F.B Agdamag going on this occasion with said Jose E.
Desiderio, carrying in his belt the 32 caliber Colt revolver, within the fence
surrounding the building intended for the said polling station number 4, and
a distance 22 meters of that polling station. Immediately Jose E. Desiderio
was seized the revolver in question.
The defense, through the testimony of Jose D. Benliro and Dioscorus
Buenvenida, try to establish that the defendant stop here on the street in
front of the polling station was number 4 of this invitation and Jose D. Benliro
order to beg the said defendant to bring home to the voters of said Jose D.
Benliro who had already finished voting, and that when they arrived and Jose
E. Desidierio and the commander of the Constabulary F.B Agdamag , the
defendant here was on the street. From the polling station to the site where,
according to the witnesses, the defendant was when he took off a distance of
27 meters.
As to the contention that the defendant could not leave his revolver in his
automobile without the risk of losing it because he was alone, it is sufficient
to say that under the circumstances it was not necessary for the defendant
to leave his automobile merely because somebody standing near the polling
place had called him, nor does the record show that it was necessary for the
defendant to carry arms on that occasion.
ISSUE: W/N defendant violated is a statutory provision of election rule 50
meters away from polling station
HELD: No. Officer in pursuing a criminal; nor would the prohibition