People v. López Jiménez

Mr. Justice Ramírez Bages

delivered the opinion of the Court.

Appellant was accused of assaulting and battering a human being with a contusive weapon with the firm and determined intent of killing him. He was convicted of assault to commit homicide and sentenced to serve from one to three years in the penitentiary.

On appeal he assigns that (1) the verdict is contrary to the evidence; and (2) the trial court erred in allowing the information to be amended and in not postponing the trial pursuant to Rule 38 of the Rules of Criminal Procedure. The facts of the case are the following:

On January 1,…