Volume 5 — Puerto Rico Reports

In the case of Eugenio Ruiz de Val v. Pedro Virella Uribe an appeal in cassation was taken from an order made by the District Court of Humacao, which appeal is now pending before us. The appeal was taken by Eugenio Ruiz de Val, represented in this court by Tomás Bernardini, against Pedro Virella Uribe, represented in this court by Rafael López Lan-drón, the respondent only having appeared in this court, represented by his counsel Rafael López Landron.

This is a case prosecuted in the District Court of Maya-güez, by Elisa García Sanjurjo, as plaintiff, represented and defended in this Supreme Court by Antonio Alvarez, Esq., and Antonio Roig Torrellas, now Ms assignee Pablo Roig Torrellas, represented and defended by Ms counsel, Fernando Vázquez, and Isidro Fernández Sanjurjo, as defendants, tbe latter not entering an appearance in tMs court, in the matter of a complaint in intervention of ownership pending before us on…

<p>Evidence —New Trial. — The .exclusion of pertinent evidence constitutes an error of such a nature as to necessitate the reversal of the judgment and the granting of a new trial.</p> <p>Rape —Force and Violence —Unwillingness and Resistance. — Force and violence on the part of the ravisher and unwillingness and resistance on the part of the prosecutrix are essential elements of the crime of rape.</p> <p>Id. — Evidence ^-Character of Prosecutrix. — Evidence of the bad character of the prosecutrix for chastity is not admissible upon a prosecution for the crime of rape.</p> <p>Id. — Prostitutes.—The crime of rape may be committed on a prostitute.</p> <p>Information — Question of Law. — When there is no evidence.to sustain the allegations contained in the information, a question of law is presented on which the Supreme Court, in the exercise of its appellate jurisdiction, is competent to act.</p> <p>Evidence — Eerors.—Errors committed in the exclusion of evidence or in the consideration of such that has been admitted, must be corrected by the lower court on a new trial.</p>

<p>Ownership. — The brief and summary nature of the proceedings to establish ownership preeludes therein all kinds of incidental issues and therefore the decisions rendered in said proceedings must be confined to a declaration as to whether or not the ownership of the estate which is the object thereof has been established.</p>

This is an action for divorce pending before us on appeal, with José Cátala, as appellant, and María Calderón, as respondent, the former being represented in this court by An-tinio Moreno Calderón, Esq., while the respondent failed to enter an appearance.

This case is pending before us on appeal taken from the judgment of the District Court of Ponce in proceedings instituted against Antonio Moura for the crime of assault with a deadly weapon.

<p>Larceny — Larceny op the Use. — There is no distinction drawn, in American jurisprudence between the theft of property and the theft of the use of the property.</p> <p>Id. — Felonious Intent. — The defendant, according to the evidence, was convicted of the larceny of a horse from the farm of the owner, and presumably rode it to a neighboring town. Meld:</p> <p>That the facts constitute the crime of larceny, and that the felonious intent, in the absence of positive evidence to the contrary, was sufficiently proved by the circumstances of the case.</p>

The hearing has been had in this appeal taken by Julián Blanco from a decision of the Registrar of Property of this city, refusing the admission to record of a deed of sale of certain city property.

Apelación procedent de la Corte de Distrito de Humacao. EXPOSICION DEL CASO.

This case was prosecuted in the District Court of Humacao by Manuel Argueso y Flores and Ernestina Frías y Noya, against Müllenhoff & Korber, for the nullity of certain clauses of mortgage deeds, general liquidation of payments and other matters, which case is pending before us on appeal taken by the plaintiffs from the decision of said court upon a question of jurisdiction, the party appellant being represented by Attorney Eafael López Landrón, and the respondent by Jacinto…

This is a complaint in intervention of ownership, instituted in the District Court of Areeibo by Vicente Aquilúe, plaintiff, represented and defended in this Supreme Court by his counsel, Rafael'López Landrón, Esq., agáinst José Domingo Abren and Andrés Avelino Delgado, defendants, the former represented first by Herminio Díaz Navarro and afterwards by Ramón Nadal Santa Coloma, and the latter, namely, Delgado, being declared in default, which case is pending before us on…

<p>Fike Insitbance Policy. — The stipulations in a fire insurance policy are compacts which determine the rights and obligations of the respective contracting parties and, therefore, constitute the law that should be observed and complied with in questions arising between the underwriter and the insured.</p> <p>Evidence. — The testimony of witnesses given under oath, after citation of the adverse party, who failed to disprove said testimony at the trial, cannot be considered as null and void. . n</p>

These are proceedings instituted in the District Court of San Jnan, at the instance of Alfredo Solomon and José Asen-sio Smith, as the representatives of their respective wives, Carmen and Escolástica Aranzamendi, and continued on the death of the latter by her children Isabel, Estela, Alberto and Alfredo, represented by their legitimate father Alfredo Solomon, in the matter of a declaration of ownership over two rural estates and an incidental issue raised in opposition…

This is an appeal pending before us, the parties to which are the Attorney General of Porto Rico; represented and defended by Emilio del Toro, Esq., Fiscal, and Antonio Méndez, acting in the capacity of president of the £ ‘ Centro de Detallis-tas” (Retailers’ Organization), represented and defended by Jacinto Texidor, Esq., from the judgment rendered by the District Conrt of San Jnan, May 4, 1903, in litigative-admin-istrative proceedings, which judgment is word for word as…

This is an appeal taken by Jacinto Texidor y Alcalá del Olmo, attorney-at-law, on behalf of the Eev. Mannel Díaz Caneja, from a decision of the Fiscal of the District of Hnmacao, acting, by reason of the incapacity of the incumbent, as registrar of property for said district, whereby the transfer of an annuity (censo) from the old to the new hooks of the Eegistry is refused. On July 2,1903, the Eev.

<p>Applioatiost for a Writ of Habeas Corpus.</p> <p>The facts are stated in the opinion.</p>

In this ease summary proceedings were instituted in the “Audiencia” of Mayagiiez by Messrs.

<p>Appeal from the District Court of Mayagüez.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Mayagüez.</p> <p>The facts are stated in the opinion.</p>

This is an appeal pending before us, taken by Eulogia Na-dal y Colón, widow of Kearney, in proceedings of voluntary jurisdiction instituted by ber in tbe District Court of San Juan, requesting judicial authorization to alienate property belonging to minors. In aforesaid proceedings tbe court, on tbe 2d of July last, made a ruling wbicb is as follows: “Porto Rico, July second, one thousand nine hundred and three.

<p>House of Delegates — Powers.—Under section 10 of tie Organic Act the House of Delegates of Porto Eico has power to consider and determine whether the office of its own members shall be deemed vacant.</p> <p>Mandamus — Legislative Bodies. — The writ of mmdamus does not lie to compel a legislative body to exclude from its number one or more of its own members.</p> <p>Id. — House of Delegates. — Corporation.—The House of Delegates is not a corporation according to the Civil Code, nor is it included within the provisions of section 2 of the Law of Mandamus of 1903.</p> <p>Id. — The House of Delegates of the Legislative Assembly of Porto Eico is not subject to a writ of mandamus issued by the Supreme Court of Porto Eico.</p> <p>Id. — Acts of a Discretionary and Ministerial Character. — A writ of mandamus does not lie to compel the performance of acts entrusted to the discretion of a public officer, its scope being limited to the performance of acts of a ministerial or executive character.</p>

<p>New Trial — Conflicting Evidence — Verdict.—A verdict of a jury will not be disturbed on appeal on the ground of conflicting evidence, if there is sufficient evidence to support the verdict.</p> <p>Criminal Law — Presumption—Consequences of Deliberate Acts. — It is a presumption of law that every person contemplates the natural consequences of his deliberate acts.</p> <p>New Trial — Newly Discovered Evidence — Diligence—Appeal.—On a motion for a new trial based upon the ground of newly discovered evidence, it is not only necessary to establish that the evidence has been recently discovered, but it is also necessary to prove to the satisfaction of the court that the party offering the same could not have discovered the existence of such evidence prior to the trial by the exercise of due diligence.</p>

<p>Appeal from the District Court of Ponce.</p> <p>The facts axe stated in the opinion.</p>

We have examined the record in these proceedings prosecuted in the District Court of Arecibo, by the “Banco Territorial y Agrícola, ’ ’ established in this city, represented in this Supreme Court by its counsel, Juan de Guzman Benitez, as respondent, against Miguel Valentín Puig Enseñat, a property-owner, represented by his counsel Jacinto Texidor, as appellant, in an action of unlawful detainer; the other defendants, namely, Lorenzo Joy and Calixto Arocho, having been…

In the matter of a declaratory action prosecuted in the District Court of Mayagüez for the recovery of money, between José Cajigas, as plaintiff, represented by Francisco Pelegri, attorney at law, and, as defendant, the Sncession of Eosendo Prats Freixas, consisting of his widow, Eosa Yidal, his daughter, Esperanza Prats, the infants, Isabel, Elena and Jaime, children of Eosendo Prats Padilla, represented by their mother, Celeste Jaqnot, and the acknowledged natural…

This is an appeal taken by Guadalupe Lecler y Diendoné de Yurnet, in a declaratory action brought by her in the District Court of Mayagüez, against Eicarda Olivieri de Capi-fali, for nullity of proceedings, appellant being represented in this Supreme Court by Attorney Ignacio Delgado.

This is a proceeding instituted in the District Court of San Juan at the instance of Joseph Wenar for the purpose of establishing ownership of a parcel of land, pending before us on appeal by counsel for the petitioner, taken from the decision of aforesaid district court, which reads as follows: ‘ ‘ San Juan, August fourth, one thousand nine hundred and three.

<p>Appeal — Felony—Error op Law. — An appeal in a criminal action amounting to a felony must be based upon an error of law.</p> <p>Extortion — Public Oppioer. — A public officer who, by virtue of bis official position, obtains money from another person by means of threats of a criminal prosecution for an alleged violation of law, is guilty of extortion.</p> <p>Sentence — Eights op Dependant. — The formalities prescribed by section 318 of the Code of Criminal Procedure must be complied with prior to pronouncing sentence and after the rendition of verdict.</p>

This was a suit brought in the District Court of Humacao by Manuel Argüeso y Flores and Ernestina Frías y Noya against Müllenhoff & Korber, for the execution of a deed of purchase and sale of the Estate “Ingenio” of Yabucoa, and indemnification for losses and damages, which case is pending before us on appeal taken by plaintiffs from the decision of said court upon a question of jurisdiction, appellants having been represented by Rafael López Landrón, Esq., and respondents…

AvpeAT) from the District Court of Mayagüez. STATEMENT OE THE CASE. An action was brought by respondent against appellants, to recover one thousand three hundred and seventy-four dollars on a promissory note dated May 23,1902, payable December 31,1902, with interest at one per cent per month from date of maturity to that of payment.

These are proceedings instituted in the District Court of San Juan at the instance of Manuel Pacheco for the purpose of establishing ownership of a rural estate, which case is pending before us on… Held: the Fiscal of this Supreme Court being present, and counsel for appellant failing to appear.

This is a complaint in intervention of better right instituted in the court of this district by Bobert Graham y Fraser, a resident of Ponce, engineer, represented in this Supreme Court by Jacinto Texidor, attorney, against the ‘ ‘ Banco Territorial y Agrícola, ’ ’ established in this city, represented by Juan Guzmán Benitez, attorney, and José Ricardo Carazo, a resident of Bayamón and an agriculturalist, in default, which case is pending before ns on appeal in cassation, now…

<p>Judgment — Errors.—The trial court has the power to correct such errors as may have been committed in entering judgment, and such errors do not necessarily invalidate the judgment.</p> <p>Appeal — Technical Errors or Defects. — The Supreme Court is obliged to render judgment without regard to errors or defects of a technical character.</p>

This is a question of jurisdiction pending before ns on appeal in cassation for error of law taken by counsel for José Sastraño Belaval, in inhibition proceedings instituted by him in the District Conrt of Ponce in connection with the declaratory action brought against him in the District Court of San Juan by Manuel Egozcue y Cintron for the recovery of damages, both the appellant and respondent having appeared before this Supreme Court.

<p>Bill op Exceptions — Record op the Trial. — If no bill of exceptions has been presented and the minutes of the trial appear in the reeord signed by the judges who presided at the trial, by the Fiscal and the attorney for the defendant, and contains the testimony of the witnesses and other evidence taken on the trial, said minutes are an authentic document which may serve as a basis for considering the grounds of an appeal.</p> <p>Extortion — Public Oppicial. — A public official who, by taking advantage of his official character, obtains money from another person by means of a threat to cause a criminal prosecution to be instituted against him for an alleged commission of a crime, is guilty of extortion.</p> <p>Judgments — Bights op Accused. — The formalities prescribed by section 318 of the Code of Criminal Procedure must be complied with prior to the rendition of the judgment.</p>

<p>Appeai in Cassation. — In a writing taking- an appeal in cassation, the article of the law which authorizes the same and the laws whieh are alleged to be violated should be cited with precision and clearness.</p> <p>Calumnies and Insults to Authority. — When statements contained in an article published in a newspaper are calculated to calumniate, outrage and insult the judges of a court, the erime of calumny and insult to authority prescribed in article 265 of the former Penal Code is committed.</p> <p>•Criminal Liability. — The faet that the erime committed by the accused may involve the commission of another crime of a lesser degree, does not constitute ground of acquittal of the erime with which the accused is charged.</p> <p>Jury Trial — Felony and Misdemeanor — Libel.—A jury trial can only be granted in cases of felony, under existing law, and the benefits thereof are not made extensive to eases of libel or any other misdemeanor.</p> <p>Id. — If a jury trial is not requested in due time it shall be deemed to have been waived.</p> <p>Appeal — Judgment—Errors or Defects of a Technical Character. — In rendering a judgment, the court should not take into consideration errors or defects of a technical character which do not affect the substantial rights of the accused.</p> <p>Cassation Foe Error of Procedure. — Errors of procedure which may give rise to an appeal in cassation for error of procedure are errors of a substantial character, and said appeal will only lie in the cases enumerated in articles 911 and 912 of the old Law of Criminal Procedure.</p> <p>Aggravating Circumstances. — The commission of a crime by means of the press constitutes an aggravating circumstance according to the old Penal Code.</p> <p>Appeal — Errors oe Procedure — Exceptions.—Errors of procedure which have not been duly excepted to cannot be considered on appeal.</p>

<p>Bill or Exceptions. — A bill of exceptions should contain only that portion of the evidence which is necessary to present the questions of law upon which the exceptions are based, and the judge of the lower court should eliminate all irrelevant matter.</p> <p>Id. — Appeal—Evidence—Verdict.—The Supreme Court cannot reverse a judgment by virtue of an appeal based upon the ground that the verdict is con trary to law or to the evidence, when all of the evidence admitted upon the trial is not submitted for its consideration and questions of law arising during the trial do not appear in the bill of exceptions. In sueh case it will be presumed that the verdict was rendered in accordance with the law and the evidence.</p> <p>New Trial — Newly Discovered Evidence. — In order that a new trial may be granted on the ground of newly discovered evidence, it is not only necessary to show that diligence was exercised to obtain said evidence before the trial, and that the same was discovered subsequent thereto, but it is also nec-eessary to show what efforts were made so that the court may be able to determine whether the greatest possible diligence was exercised.</p> <p>Id. — Where upon a motion for a new trial upon the ground of newly discovered evidence, the testimony of witnesses is offered as a part of the same, it is necessary to show the reason for not offering such evidence upon the original trial and the manner in whieh the party came to discover that sueh evidence would be .favorable to his ease.</p> <p>Dismissal oe the Case. — When in a criminal case the trial is not held within 120 days after the filing of the information, and there is just cause therefor, it is not proper to order a dismissal of the prosecution, and a motion for that purpose should also he made in the lower court.</p> <p>Evidence — Impeachment op Witnesses. — In order to impeach a witness on the ground that he has made at other times statements inconsistent with his present testimony, it is necessary that the statements "be related to him with the circumstance of time, place and persons present, and that he asked if he made such statements, and if so, allowed to explain them. If his statements be in writing, they must be shown to the witness before any question is put to him concerning them.</p>

This is an action prosecuted in the District Court of San Juan by Sobrinos de Portilla, as plaintiff, represented in this Supreme Court at first by Attorney Hilario Cuevillas, and afterwards by Attorney Jacinto Texidor, against Nicolás Qui-ñones Cabezudo, as defendant, represented by Attorney Rafael López Landrón, for the collection of a debt; which case is pending before us on appeal taken by Nicolás Quiñones Cabe-zudo from the judgment rendered by the aforesaid court,…

This is a proceeding instituted in the District Court of San Jnan at the instance of Miguel Rodriguez Rivera for the purpose of establishing his ownership of a rural estate, which case is pending before us on appeal taken by counsel for the petitioner from the judgment rendered’ by said district court, which reads as follows: “Porto Rico, June 30, 1903.

<p>Appeal — Bill op Exceptions — No Errors Appearing in the Record. — When no "bill of exceptions is filed, and no errors appear in the record, the judgment appealed from must be affirmed.</p>

This was an action of unlawful detainer instituted in the District Court of San Juan by José Ramón Tibot, as testamentary executor of José Antonio Puentes, against Andrés and Juan Ocasio, and incidental issue regarding nullity of proceedings, raised by the defendants, which latter is pending before us on appeal taken by said defendants from a decision dismissing the same, appellants being represented and defended in this Supreme Court by Prank Antonsanti, Esq., while the…

¡STATEMENT OE THE CASE. This is a declaratory action for divorce prosecuted in the District Court of San Juan by Simón Moret y Muñoz, plaintiff, represented by his attorney, Juan Hernández López, against Enriqueta Vázquez, defendant, represented, first, by Attorneys José Hernández Usera and Ramón Falcon, and at the trial by José de Jesús Tizol; which case is pending before us on appeal taken by counsel for the defendant from the judgment rendered by aforesaid district court.

<p>Liberty or the Press. — The first amendment to the Constitution of the United States guarantees the freedom of the press, hut not an unbounded license to publish whatever may be thought .fit with respect to persons, publie officials or judges of the courts in their publie or private capacity.</p> <p>Insult to Authorities — American Institutions. — The provisions contained in article 265 of the Spanish Penal Code, which defines'and punishes the crime of insult to authorities, are not incompatible with the spirit of American institutions.</p> <p>Id. — Chime of an Infamous Character.- — The crime of insult to authorities is not of an infamous character, since it is not punishable by a corporal penalty but by a correctional penalty, and as the same is served in jail, such offense is a misdemeanor, and only crimes defined as felonies may have such character.</p> <p>Grand Jury — Insular Courts. — The provisions of article V of the amendments to the Constitution of the United States are not applicable to the insular courts, in which the indictment of a grand jury is not necessary in order to find the accused guilty.</p> <p>Trial by Jury. — If the accused person does not demand a trial by jury in due time, it shall be understood that he waives the same and such a trial can only be granted in eases of felony.</p> <p>Habeas Corpus — Appointment of Judges — Judge de Facto. — It is presumed that the appointment of a judge who is regularly acting in a court has been made with legal formalities, but in any event the legality or illegality of such appointment cannot be inquired into on habeas corpus proceedings, and even in the case in which he has not been legally appointed he shall be considered as a judge Ae facto, and as such his decisions would be considered valid and could not be collaterally attacked on habeas corpus.</p> <p>Code of Criminal Procedure- — Penal Code — Crimes Committed Prior to July 1, 1902. — The new Penal Code and the Code of Criminal Procedure, which went into effect on July 1, 1902, are not applicable to acts or crimes committed prior to that date.</p> <p>Laws in Pari Materia. — Laws in pari materia should be construed together, harmonizing them, if possible, and in such manner that they are not incompatible with the general principles of law.</p> <p>Constitution of the United States — Territories.—In order that the Constitution of the United States may be considered as in force in a territory, an act of Congress so providing is necessary, or that the benefits thereof are made extensive to such territory by other departments of the Government, and that Congress tacitly consents thereto, which has not taken place with re-speet to Porto Rico.</p> <p>Habeas Corpus — Jurisdiction Over the Person of the Accused and Over the Crime. — In cases in which it appears that the court has jurisdiction over the person of the defendant and over the crime of which he is accused, the petition for his discharge upon habeas corpus should be dismissed.</p> <p>Id. — Object of the Writ. — The object of the writ of habeas corpus is to deliver the petitioner from illegal restraint, but such proceeding cannot be availed of for the purpose of an appeal or a writ- of error.</p>