Juan Jaca Hernandez v. Gerardo Delgado, Warden of the Commonwealth Penitentiary of Puerto Rico

ALDRICH, Chief Judge.

This appeal from the denial of a petition for habeas corpus raises one claim, that petitioner, now serving a life sentence, was unconstitutionally deprived of his right to poll the jury. Petitioner was tried in the Puerto Rico Superior Court in April, 1951, and convicted on four charges of murder and six other charges. The announced vote of the jury was 10 to 2. 1 In Puerto Rico at this time a verdict of nine or more jurors was sufficient. Fournier v. Gonzalez, 1 Cir., 1959, 269 F.2d 26. It affirmatively appears, fn. 1, supra, that petitioner made no request for a poll.…