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Separate Opinions
TORRES, J., dissenting:
The writer, with due respect to the opinion of the
majority of the court, believes that, according to the
merits of the case, the crime of homicide by reckless
negligence, defined and punishes in article 568 of
the Penal Code, was committed, inasmuch as the
victim was wilfully (voluntariomente) killed, and
while the act was done without malice or criminal
intent it was, however, executed with real
negligence, for the acts committed by the deceased
could not warrant the aggression by the defendant
under the erroneous belief on the part of the
accused that the person who assaulted him was a