GR L 13788; (October, 1918) (Digest)
G.R. No. L-13788; October 8, 1918
THE UNITED STATES, plaintiff-appellee, vs. VICENTE GARCIA GAVIERES, defendant-appellant.
FACTS:
During a raid on a club, the police discovered brass knuckles (llave inglesa) concealed in the pocket of the accused, Vicente Garcia Gavieres. He was charged with violating Section 26 of Act No. 1780 , which prohibits any person from carrying concealed about his person “any bowie knife, dirk, dagger, kris, or other deadly weapon.”
ISSUE:
Whether brass knuckles constitute a “deadly weapon” within the meaning of Section 26 of Act No. 1780 .
RULING:
Yes. The Supreme Court affirmed the judgment of the Court of First Instance convicting the accused.
The Court defined a “deadly weapon” as “any weapon which is likely, from the use made of it at the time, to produce death or do great bodily harm.” Applying this definition, the Court held that brass knuckles are a deadly weapon. The implement could be used to inflict great bodily injury, serves no good purpose, and could only be used for an evil purpose. The legislative intent of the law was to suppress the habit of persons going around armed and ready for combat.
The Court further ruled that once the prosecution has proven the fact of concealment of a deadly weapon, the burden shifts to the defendant to establish any justification or exception. The requisite intent for the offense is the intent to carry the concealed weapon, not an intent to violate the law.
