Preview

Case Digest Us vs Ah Chong

Satisfactory Essays
Open Document
Open Document
280 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Case Digest Us vs Ah Chong
Case Digest: U.S. vs. Ah Chong
G.R. No. L-7929 March 19, 1910

Facts: Because of the many bad elements happening at Fort McKinley, Ah Chong, a cook, locked himself in his room by placing a chair against the door. After having gone to bed, he was awakened by someone trying to open the door of his room. He called out twice, Who is there, but received no answer. Fearing that the intruder was a robber, he leaped from his bed and called out again, If you enter the room I will kill you. But at the precise moment, he was struck by the chair and believing that he was being attacked, he seized a kitchen knife and struck and fatally wounded the intruder who turned out to be his roommate.

Issue: Whether or not Ah Chong was guilty of murder.

Ruling:
Under Article 11 paragraph 1 of the Revised Penal Code provides that to justify the act, there should be:

First.
Unlawful aggression on the part of the person killed;

Second.
Reasonable necessity of the means employed to prevent or repel it;

Third.
Lack of sufficient provocation on the part of the person defending himself.
Ah Chong was not held liable for the death of his roommate. The Supreme Court reversed the lower courts conviction of homicide, saying that Ah Chong committed a mistake of fact. He would not have stabbed his roommate had he known the identity of the person who entered the room. If the person who opened the door had really been a robber instead of his roommate, he would not be criminally liable if he had stabbed that person in

You May Also Find These Documents Helpful

  • Good Essays

    Shaw V Thomas

    • 839 Words
    • 4 Pages

    11.45 Section 48(3) of the Wrongs Act 1958 (Vic) attempts to give some guidance on the meaning of…

    • 839 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Bravo Fernandez v. United States is a court case that deals with Double Jeopardy. Double Jeopardy can be defined as “the prosecution of a person twice for the same offense (dictionary.com). ” Bravo Fernandez v. United States was argued on October 4th, 2016, because of an incident that took place in May of 2005. Mr. Fernandez, whom is the president of a private security firm in Puerto Rico, and Hector Martinez-Maldonado who is a member of the Senate. Both traveled to Las Vegas to watch a boxing match. Mr. Fernandez and Mr. Martinez-Maldonado were indicted for the trips payment. The charges were violation of the federal bribery statute, conspiracy, and the Travel Act. These charges tied Mr. Martinez-Maldonado’s support of legislation beneficial…

    • 319 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Hae Min Lee Case Analysis

    • 1035 Words
    • 5 Pages

    Adnan Syed perceived as a murderer and a menace , is he really to blame for the death of Hae Min Lee? It’s believable that the Baltimore Police Department had no idea who really killed Hae Min Lee therefore they jumped at the first lead they received . In all honesty what police department would like a murder case to be left unsolved,the answer is none. It not only looks bad on the police department but shows faults within the justice system of Massachusetts and their failing to solve the case. To conclude it’s believable that Adnan Syed is in fact not guilty of the murder of Hae Min Lee but is being perceived as guilty by others who testify against him.…

    • 1035 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Only after the DailyMail published their story did Marc Ching file a lawsuit against Jeffrey Beri, the documents show Marc Ching filed the lawsuit on December 6, 2016. Marc Ching also waited till 2017 to file a duplicate lawsuit against Deborah Hall.…

    • 308 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    William Henry Furman was was attempting a burglary in a home when he was discovered by the residents. He attempted to flee, and in doing so, he tripped and fell. His firearm discharged and killed a resident of the household. In the police report, he had said that he had turned and blindly fired while fleeing. Regardless of which of the two are true, Furman was found guilty of murder and was eligible for the death penalty under the-extant state law.…

    • 264 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    This section gives police the authority to pretty much arrest anyone for anything provided they abide by the above statements. Also if an offence has…

    • 835 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    3. Administration of Justice Act – If an official kills someone then they are tried in England…

    • 309 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    When the soldiers attempted to remove the inmates by force, they fought back so ferociously they couldn't believe their eyes. One suffered a ruptured spleen and lost so much blood there was literally nothing left for his heart to pump, yet continued flailing for a full three minutes until his lifeless body collapsed.…

    • 803 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Mr. Welch Case

    • 1303 Words
    • 6 Pages

    The purpose of this essay is to review and analyze a case of criminal law to make a determination of the possible homicide offense(s) that the defendant may be charged with. The case at hand is dealing with an estranged husband, Mr. William Welch, who gets into a verbal altercation with his wife, Mrs. Renee Welch, and her friend, Mr. Ben Powers. This verbal altercation starts with the verbal altercation and later leads to Mr. Welch shooting and killing Mr. Powers. At the trial, Mr. Welch claims that the killing was an act of self-defense, but the jury does not agree and finds him guilty of a homicide offense. The job at hand today is to break this case down into the facts, issue, and rules to properly analyze and conclude what offense(s)…

    • 1303 Words
    • 6 Pages
    Better Essays
  • Good Essays

    another person or intent to inflict an injury likely to cause death in order to establish…

    • 1075 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Its provisions will be commenced by a series of commencement orders over the next couple years. Criminal justice Act (2003) has had impact on penal policy and practice. According to the report of the commission on English prisons a new approach of the penal modernisation and a number of fundamental reforms which include (A) Significant reduction in the prison population and the closure of establishment (B) The replacement of short prisons sentences with community based responses :( C) The dismantling of the national offender Management Service (NOMS) including the break-up of centrally managed prison…

    • 2335 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Australian Criminal Law

    • 788 Words
    • 4 Pages

    The codification of the Criminal Code has marked a watershed on Australian legal jurisprudence. In this essay I will discuss the problems that may occur when interpreting the Criminal Code (The Code), the creation of uniformity and the also accessibility that the Code creates.…

    • 788 Words
    • 4 Pages
    Good Essays
  • Good Essays

    A. (Preliminary answer:) evildoing is inordinate desire (= cupidity) (1.3, pp. 5–6). Inordinate desire is…

    • 1066 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Furman v. Georgia

    • 721 Words
    • 3 Pages

    In the Furman v. Georgia case, the resident awoke in the middle of the night to find William Henry Furman committing robbery in his house. When Furman attempted to escape the home he dropped his gun. Upon hitting the ground, the gun discharged and killed the homeowner. The death was a freak accident that resulted in murder. At trial, in an unsworn statement, Furman said that while trying to escape, he tripped and the gun he was carrying fired accidentally, killing the victim. This contradicted his prior statement to police that he had turned and blindly fired a shot while fleeing. Either way, because the shooting occurred during the commission of a felony, Furman was still guilty of murder and eligible for the death penalty under the law at the time. He was tried and found guilty based largely on his own statement. He was sentenced to death, but the punishment was never carried out.…

    • 721 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Sexual Offences Act 2003

    • 2726 Words
    • 11 Pages

    Like Offences Against the Person Act 1861, this act also failed to clarify or to give further…

    • 2726 Words
    • 11 Pages
    Powerful Essays