Acórdão nº 96P115 de Supremo Tribunal de Justiça (Portugal), 18 de Dezembro de 1996
Magistrado Responsável | AUGUSTO ALVES |
Data da Resolução | 18 de Dezembro de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - CRIM C/PESSOAS / TEORIA GERAL.
Legislação Nacional: CP82 ART31 N1 ART32 ART33. CP95 ART31 N1 ART32 ART33. CONST89 ART20 N2.
Jurisprudência Nacional: AC STJ PROC44610 DE 1993/04/11. AC STJ PROC47769 DE 1995/09/05. AC STJ PROC47440 DE 1995/10/30.
Sumário : I - É jurisprudência uniforme do Supremo Tribunal de Justiça a de que as questões a versar no recurso são as extraídas das conclusões da motivação, para além das questões cujo conhecimento oficioso se imponha, como é o caso das questões suscitadas por vícios enquadráveis no artigo 410 ns. 2 e 3 do Código de Processo Penal. II - Provado que: a) o arguido disparou uma caçadeira, atingiu a vítima com o respectivo projéctil na face anterior do hemitorax direito e causando-lhe lesões que necessariamente lhe determinaram a morte; b) o arguido praticou esse facto com o intuito de evitar a agressão...
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