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30 P.R. 11

People v. Sánchez

Supreme Court of Puerto Rico

Decided December 9, 1921

Supreme Court of Puerto Rico · decided 1921-12-09

<p>Municipal Ordinance — ’judicial Notice. — Municipal ordinances are not taken judicial notice of by this eourt; therefore, when the record brought up does not contain a transcript of the municipal ordinance referred to in the complaint, the eourt has no way of determining in what respect the ordinance was violated.</p>

Decided 1921-12-09

Mr. Justice Wole

¶1delivered the opinion of the court.

¶2The defendant was prosecuted for selling goods in Pa-tillas without a license, in violation of a municipal ordinance. None of the proof has been brought up to us and we have no way of determining in what respect the particular municipal ordinance was violated. This court cannot take judicial notice of the various municipal ordinances, and the record •ought to have been made to show what was the municipal ordinance alleged to have been violated.

¶3The appellant maintains that under the law of March 28, 1914, no license could be exacted from anybody whose annual business did not exceed $500, but it would have to be presumed in the absence of a showing to the contrary that the proof showed that the annual business of the defendant exceeded $500.

¶4The judgment must be

¶5Affirmed.

Chief Justice Hernández and Justices Del Toro, Aldrey .and Hutchison concurred.
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