Article 14. Aggravating circumstances.

- The following are aggravating circumstances:

6. That the crime be committed in the night time, or in an uninhabited place, or by a

band, whenever such circumstances may facilitate the commission of the offense.

When aggravating:

1.    When it facilitated the commission of the crime; or

2.    When especially sought for the offender to insure the commission of the crime
or for the purpose of impunity; or
3.    When the offender took advantage thereof for the purpose of impunity.

Phrases:

"Whenever such circumstances may facilitate the commission of the offense" -

greater certainty in attaining the ends.

"Especially sought for"; "For the purpose of impunity"; "took advantage thereof" -
to prevent offender from being recognized, or to secure himself against detection or pun-
ishment.

Nighttime - from sunset to sunrise

Requisites:

1.    The commission of the crime must begin and be accomplished in the night-
time.

2.    The offense must be actually committed in the darkness of the night.

3.    When the place of the crime is illuminated by light, nighttime is aggravating.

Uninhabited place - where there are no houses at all, a place at a considerable distance
form town, where houses are scattered at a great distance from each other.

a) SOLITUDE - must be sought to better attain the criminal purpose. Offenders

choose the place as an aid either to:

1.    Easy and uninterrupted accomplishment of their criminal designs; or

2.    To insure concealment of the offense

By a band - there are more than three armed malefactors shall have acted together in the
commission of an offense.
 Not a Band
If 1 of 4 armed persons is a principal by induce-
ment
Crime against chastity
Brigandage (inherent)
Aggravating Circumstance
Robbery with homicide
Crime of illegal detention or treason
Crime against property or against persons