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19 P.R. 64

People v. Sanders

Supreme Court of Puerto Rico

Decided February 5, 1913

Supreme Court of Puerto Rico · decided 1913-02-05

<p>Criminal Law — Exceptions—Conflicting Evidence. — In cases where the evidence is conflicting and it does not appear that the appellant noted any exceptions to the rulings of the court below during the trial, and where there is no reason to question the weighing of the evidence by the trial court, the judgment appealed from should be affirmed.</p>

Decided 1913-02-05

Me. Justice Aldrey

¶1delivered the opinion of the court.

¶2The appellant, Luis Sanders, was tried in the District Court of San Juan, Section 2, on appeal from a conviction on *65a complaint filed against him and others for disturbing th@ public peace daring a fight in which they engaged, thus rais--ing a disturbance in the neighborhood, and this is an appeal from the judgment of conviction rendered against him there.-

¶3The transcript of the record contains a statement of the case duly approved by-the judge of the court below, but the appellant failed to file a brief or to appear at the hearing of the appeal. The fiscal of this court both in his written statement and in his oral argument asked this court to affirm the judgment.

¶4The transcript before us does not show that the appellant took exception to any of the rulings of the court below during the progress of the trial, and the evidence being contradictory and the conflict having been adjusted by the' lower court there is no reason why we should disturb its findings.

¶5No error having been committed rendering the judgment appealed from null and void the same should be affirmed.

¶6Affirmed.

Chief Justice Hernandez and Justices MacLeary, Wolf and del Toro concurred.
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