G.R. No. 31070 , August 8, 1929
PEOPLE OF THE PHILIPPINE ISLANDS vs. CHARLES E. T. WADE

FACTS

On the afternoon of April 23, 1928, in Momungan, Lanao, several individuals, including the accused Charles E. T. Wade (a person of African descent) and the victim Edgar C. Choate (a white man), were gathered at a drinking place. During the gathering, Choate punched one of Wade’s Moro companions, prompting an apology. About half an hour later, Wade left the establishment, followed shortly by Choate. As Choate exited, he lit a cigarette and was confronted by Wade, who drew his revolver and fired a fatal shot into Choate’s chest or abdomen. Wade then left the scene. Witnesses, including Jere Barbour and Teodulo Janaw, saw the shooting. Wade initially claimed in a statement that Choate had punched him and rushed at him, causing him to fire in response. At trial, however, Wade and a witness named Taylor asserted that the shooting was accidental, occurring during a struggle over the revolver. The trial court rejected this defense as an afterthought.

ISSUE

Whether the trial court correctly convicted the appellant of homicide, rather than accepting his defense of accidental shooting.

RULING

Yes, the trial court correctly convicted the appellant of homicide. The Supreme Court affirmed the conviction, rejecting the defense of accidental shooting as an afterthought. The Court found no credible evidence to support the claim that the shooting was accidental, noting that Wade did not raise this defense initially in his statement or shortly after the incident. The offense was classified as homicide under Article 404 of the Penal Code. The penalty was modified from fourteen years and one day to fourteen years, eight months, and one day of reclusión temporal, with the corresponding accessories. The judgment was affirmed with costs against the appellant.