US vs Achong

“I will Kill you”

The defendant, Ah Chong, was employed as a cook at "Officers' quarters, No. 27," Fort Mc Kinley, Rizal
Province, and at the same place Pascual Gualberto, deceased, was employed as a house boy or
muchacho. "Officers' quarters No. 27" as a detached house situates some 40 meters from the nearest
building, and in August, 19087, was occupied solely as an officers' mess or club. No one slept in the
house except the two servants, who jointly occupied a small room toward the rear of the building, the
door of which opened upon a narrow porch running along the side of the building, by which
communication was had with the other part of the house. This porch was covered by a heavy growth of
vines for its entire length and height. The door of the room was not furnished with a permanent bolt or
lock, and occupants, as a measure of security, had attached a small hook or catch on the inside of the
door, and were in the habit of reinforcing this somewhat insecure means of fastening the door by
placing against it a chair. In the room there was but one small window, which, like the door, opened on
the porch. Aside from the door and window, there were no other openings of any kind in the room.

On the night of August 14, 1908, at about 10 o'clock, the defendant, who had received for the night, was
suddenly awakened by some trying to force open the door of the room. He sat up in bed and called out
twice, "Who is there?" He heard no answer and was convinced by the noise at the door that it was being
pushed open by someone bent upon forcing his way into the room. Due to the heavy growth of vines
along the front of the porch, the room was very dark, and the defendant, fearing that the intruder was a
robber or a thief, leaped to his feet and called out. "If you enter the room, I will kill you." At that
moment he was struck just above the knee by the edge of the chair which had been placed against the

door. In the darkness and confusion the defendant thought that the blow had been inflicted by the
person who had forced the door open, whom he supposed to be a burglar, though in the light of after
events, it is probable that the chair was merely thrown back into the room by the sudden opening of the
door against which it rested. Seizing a common kitchen knife which he kept under his pillow, the
defendant struck out wildly at the intruder who, it afterwards turned out, was his roommate, Pascual.
Pascual ran out upon the porch and fell down on the steps in a desperately wounded condition,
followed by the defendant, who immediately recognized him in the moonlight. Seeing that Pascual was
wounded, he called to his employers who slept in the next house, No. 28, and ran back to his room to
secure bandages to bind up Pascual's wounds.

etting out a condition in the definition of a crime that it be committed "voluntarily," willfully,"
"maliciously" "with malice aforethought," or in one of the various modes generally construed to imply a
criminal intent, we think that reasoning from general principles it will always be found that with the rare
exceptions hereinafter mentioned, to constitute a crime evil intent must combine with an act. Mr.
Bishop, who supports his position with numerous citations from the decided cases, thus forcely present
this doctrin