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13 P.R. 192

People v. Rivera

Supreme Court of Puerto Rico

Decided October 11, 1907

Supreme Court of Puerto Rico · decided 1907-10-11

<p>Appeal — Juugments in Criminal Oases. — Judgments rendered by the district court on appeal from municipal courts must not affirm the judgment of the inferior court, but as the trial is held de novo they must proceed to render a, new judgment in accordance with the result of the evidence.</p>

Decided 1907-10-11

Mr. Justice Wolf

¶1delivered the opinion of the court.

¶2The defendant in this case was proceeded against by complaint for petit larceny, and on appeal to the District Court of Ponce was sentenced to fifteen days in jail. In this court the appellant made no appearance on the day of the hearing The proof was not certified to us in any way, and we find nothing in the record which would justify us in reversing the case, and the judgment appealed from must be affirmed.-

¶3As the trial in the district court was a proceeding de novo the judgment of that court should not have been in the form of an affirmance of the judgment of the inferior court, and *193the sentence of this court will therefore merely affirm the infliction of the penalty and the costs.

¶4Affirmed.

Chief Justice Quiñones and Justices Hernández, Figueras and MacLeary concurred.
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