Legal Opinion

People v. Benítez

Supreme Court of Puerto Rico

Decided March 6, 1913No. 422Published

Appeal from the District Court of San Juan, Section 2. The facts are stated in the opinion.

1Opinion of the CourtJustice Wole

In this case, which purports to he a prosecution under section 299 of the Penal Code, appellants assign four grounds for reversa1 of the judgment:

I. Insufficiency of the complaint.

II. Inapplicability of section 299 of the Penal Code to a game played in a private house.

III. Former jeopardy.

IV. Insufficiency of the proof.

We shall first consider the plea of former jeopardy. This plea is not well founded. It is based on the fact that the case being originally tried in the district court before Judge Gill, without a jury, and all the proof submitted to him, that said judge died about the middle of…

2Cases cited25 opinions

  1. United States v. WiltbergerSupreme Court of the United States · 1820
  2. Cornell v. CoyneSupreme Court of the United States · 1904
  3. Copper Queen Consolidated Mining Co. v. Territorial Board of Equalization of the Territory of ArizonaSupreme Court of the United States · 1907
  4. Fusz v. SpaunhorstSupreme Court of Missouri · 1878
  5. People v. . RichardsNew York Court of Appeals · 1888

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