Ex parte Colón

Decided April 10, 1905

Supreme Court of Puerto Rico · decided 1905-04-10

<p>Habeas Corpus — Warrant of Arrest. — Where a municipal judge or a justice of tlie peace orders the arrest of a defendant, lie must issue a warrant signed by him in his official capacity, and a failure to comply with this requirement in the issuance of a warrant of arrest renders the same substantially defective, and the imprisonment of a defendant thereunder is illegal, and he is entitled to be discharged from custody on habeas corpus proceedings.</p>

Decided 1905-04-10

¶1OPINION OP THE COURT.

¶2Municipal judges having now in cases of felonies and misdemeanors the same jurisdiction Which justices of the peace had formerly, and in view of the provisions of section 37 of the Code of Criminal Procedure, by which it is required that the commitment be signed by the judge, with his official title, and this essential requirement being lacking in the commitment issued for the imprisonment of the petitioner, the original of which has been produced by the warden of the mu-*329aicipal jail, the petition for his discharge is granted and it is hereby ordered that the petitioner, José Colón Márquez, be discharged from custody forthwith.

¶3Granted.

Chief Justice Quiñones and Justices Hernández, Figue-ras, MacLeary and Wolf concurred.