US v Ah Chong

Facts

o The accused, Ah Chong, was employed as a cook in Fort Mckinley and was sharing the house with
the deceased, Pascual Gualberto, who was employed as a house boy.

o 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.

o 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.

o 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.

o On the night of August 14, 1908, at about 10:00 pm, the defendant was suddenly awakened by
someone trying to force open the door of the room

o The deceased and the accused had an understanding that when either returned late at night, he
should knock at the door and acquaint his companion with his identity. Ah Chong sat up in bed
and called out twice, “Who is there?” but heard no answer. The room was quite dark, and as there
had been recent robberies in Fort McKinley, fearing that the intruder was a robber or a thief, he
leaped to his feet and called out. “If you enter the room, I will kill you.” Suddenly, he was struck
by the edge of the chair which had been placed against the door. Believing that he was being
attacked, he seized a common kitchen knife which he kept under his pillow and wildly struck and
fatally wounded the intruder who turned out to be his roommate, Pascual.

o Recognizing Pascual, the defendant called to his employers who slept in the next house and ran
back to his room to secure bandages to bind up Pascual's wounds

o Pascual died from the effects of the wound the following day

Defense of Ah Chong:

1. The roommates appear to have been in friendly and amicable terms prior to the incident, and had
an understanding that when either returned at night, he should knock that the door and acquaint
his companion with his identity
2. The defendant alleges that he kept the knife under his pillow as personal protection because of
repeated robberies in Fort McKinley
 3. Defendant admitted to stabbing his roommate, but said that he did it under the impression that
Pascual was "a ladron (thief)" because he forced open the door of their sleeping room, despite
the defendant's warnings

Contentions of the Prosecution (Plaintiff – US)

1. The evidence clearly discloses that the intruder was not a thief or a ladron.

2. That neither the defendant nor his property nor any of the property under his charge was in real
danger at the time when he struck the fatal blow.

3. That there was no such unlawful aggression on the part of a thief or ladron as defendant believed
he was repelling and resisting.

4. That there was no real "necessity" for the use of the knife to defend his person or his property or
the property under his charge.

5. That Ah Chong must be criminally responsible by reason of a mistake as to the facts.