People v. Gutiérrez Pérez

Bartolo Gutiérrez Pérez and Prudencio Erazo Mayor were, accused of the infamous crime against nature. They were jointly tried by the court which found them guilty and imposed on them an indeterminate sentence of 1 to 1% years of imprisonment in the penitentiary at hard labor. Both have appealed and allege as the only error that the lower court “did not have sufficient evidence before it to warrant a conviction since it was not proved that there- was ‘emission’ and because the hour and the way in which the eyewitnesses report that the event happened, and because of their contradictions, the…