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4 P.R. 191

Ex parte Avila

Supreme Court of Puerto Rico

Decided October 21, 1903

Supreme Court of Puerto Rico · decided 1903-10-21

Applicatiow for a writ of Habeas Corpus. STATEMENT OE THE CASE. On the 18th of July, 1903, José Avila was sentenced for the offense of disturbing the public peace, to three months imprisonment in jail and to pay a fine of two hundred dollars, or, in default of said payment, to undergo one year and thirty-four days of additional imprisonment.

Decided 1903-10-21

¶1Opinion of the Court.

¶2The petitioner, José Avila Alicea, is not at the present time illegally deprived of his liberty, inasmuch as he has not yet served the corresponding subsidiary term of imprisonment prescribed by law. The writ applied for by the prisoner, José Avila Alicea, is denied and he is remanded to the jail where he was serving his sentence, under the custody of said penal institution, with costs against the petitioner.

Chief Justice Quiñones and Justices Hernández, Sulzba-cher and MacLeary, concurred.Mr. Justice Pigueras did not sit at the hearing of this case.
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