1. U.S. v. Dacquel: The stick was about the size and weight of an ordinary walking cane, and, doubtless, the accused laid about him in the crowd, in his efforts to make it disperse, without any thought or intention of doing any of the people any serious injury, or of heaping contumely or insult upon the child because of her sex or her tender age.

2. People v. Diaz: The circumstance of old age cannot be considered aggravating. There was no evidence that the accused deliberately intended to offend or insult the age of the victim. That circumstance may be absorbed in treachery.

3. Provocation cancelled dwellinga. People v. Atienza: When the drinking party was in full swing and the host and his

guests were quite drunk, Atty. Parentela, Sr. touched the knees and thigh of Eleanor Camacho, saying: "Pare, why is it that my comadre Eleanor has some blackish spots on her thighs, on her back and stomach?" Felix got angry and said: "Why do you know, pare, that there are blackish spots on the body of my wife. Maybe you have 'skinned' her, that is why you know.” x x x A heated verbal altercation followed, with Parentela throwing curses and insulting epithets at Atienza who was finally told to "get out."

4. Mariano v. People: Celedonio Mesa had a barbershop establishment on Herran Street where he and his brother-in-law slept upstairs. Sometime on September 9, 1937 and prior thereto, the appellant, upon his request and out of charity, was permitted to sleep in the same place. On the night of that date, the appellant, during the absence of Celedonio, took from the latter's trunk, which was upstairs, the amount of P10.20.