Public-domain · open source
OpenJurist

11 P.R. 373

People v. Díaz

Supreme Court of Puerto Rico

Decided November 20, 1906

Supreme Court of Puerto Rico · decided 1906-11-20

<p>Appeal — Bill of Exceptions — Statement op Facts. — Where there is no bill of exceptions or statement of facts in the record, and it does not appear therefrom that any error has been committed which would warrant the reversal of the judgment appealed from, the same must be affirmed.</p>

Decided 1906-11-20

Mb. Justice HebNÁNDez

¶1delivered the opinion of the court.

¶2The defendant Francisco Díaz has appealed to this Supreme Court from a judgment of the District Court of Maya-güez, rendered on September 7 last, by which he was sentenced to imprisonment in jail for four months, and to pay the costs.

¶3The cause originated in the Municipal Court of Mayagiiez upon the sworn complaint made in writing by Atanasio Ri-card, a private in the Insular police force, to the effect that Francisco Diaz, on the 22d of July of the current year, had bought of Silvestre Betancourt and Ramón Escarrel, in the barrio of Algarrobo, of that municipal district, 12 chickens knowing that they had been stolen from Ezequiel Aragonés.

¶4The record does not contain any bill of exceptions or statement of facts, nor has the appellant appeared in this Supreme Court to support his appeal by written or oral allegation of the errors which he believes to have been committed iby the trial court.

¶5Notwithstanding this, we have carefully examined the complaint and the judgment, and we find that the former does not contain any material defect whatsoever and that the penalty imposed is in conformity with the provisions of section 438 of the Penal Code.

¶6Under the circumstances hereinbefore mentioned, the judgment appealed from, should be affirmed, with the costs against the appellant.

¶7Affirmed.

Chief Justice Quiñones, and Justices MacLeary and Wolf concurred.Mr. Justice Figueras did not take part in the decision of this case.
/11/pr/373 · .json · Public domain