People of the Philippines, Complainant

v.
William Robert Gambini and Stanley Marcus Rothenstein,
Accused-Defendants.

MAIN ISSUE AND THEORY:

Main Issue: Whether or not the accused, William Gambini and

Stanley Rothenstein, are guilty beyond reasonable doubt of
robbing and killing Jimmy Willis.

Theory of the Prosecution: The accused, William

Gambini and Stanley Rothenstein, are guilty beyond
reasonable doubt of the crime of robbery and homicide.

Theory of the Defense: The accused, William Gambini

and Stanley Rothenstein, are not guilty of the crime of
robbery and homicide.

FACTUAL ISSUES:

1. Whethere or not the accused-defendants were positively

identified by the Prosecution witnesses.

Theory of the Prosecution: The accused-defendants were

positively identified by three witnesses to be present at the
scene of the crime at the time the victim was robbed and
killed.

Theory of the Defense: The identifications made by the

Prosecution witnesses were merely circumstantial and can
be controverted by other evidence.

2. Whether or not the automobile of the accused-defendants

produced the tire marks found at the scene of the crime.

Theory of the Prosecution: The tire marks found at the

scene of the crime were made by a 1964 Buick Skylark,
the same automobile owned by the accused-defendant,
William Gambini, and were driven by him at the time the
crime was committed.
 Theory of the Defense: The tire marks found at the scene
of the crime could not have been made by a 1964 Buick
Skylark as it was made by a 1963 Pontiac Tempest.

LEGAL ISSUE:

1. Whether or not the circumstantial evidence by the

Prosecution is enough to convict the accused-defendants
of the crime of robbery with homicide beyond reasonable
doubt.

Theory of the Prosecution: The positive identification of

the accused-defendants and the evidence of the tire marks
are enough to sustain conviction beyond reasonable doubt
of the crime charged.

Theory of the Defense: The uncertain identifications by

the Prosecution Witnesses and the possibility that the tire
marks found at the scene of the crime could have been
made by an entirely different car casts enough doubt to
produce an acquittal of the accused-defendants.