People v. Anavitate

37 P.R. 539
CourtSupreme Court of Puerto Rico
DecidedDecember 24, 1927
DocketNo. 3344
StatusPublished

This text of 37 P.R. 539 (People v. Anavitate) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Anavitate, 37 P.R. 539 (prsupreme 1927).

Opinion

Mb. Justice Wole

delivered the opinion of the court.

The defendant was convicted of running a still in viola-[540]*540lion of the provisions of the National Prohibition Law. The only evidence against him was supplied by a policeman who found a still in full operation on the premises of Bamón Camacho,- found the defendant standing near the still, and also testified that the defendant lived on the same premises. It is perfectly evident that these facts did not constitute a chain of circumstantial evidence sufficient to convict. If the defendant was shown in any way to have aided or abetted in the running of the still, Bland v. State, 244 S. W. 1023, this would be a circumstance sufficient to convict, but his mere presence is consistent with an innocent curiosity or of his casually being there.

A different case might also be presented if the defendant had been the owner of the house and grounds where the still was found.

The judgment must be reversed and the defendant discharged.

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Related

Bland v. State
244 S.W. 1023 (Court of Criminal Appeals of Texas, 1922)

Cite This Page — Counsel Stack

Bluebook (online)
37 P.R. 539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-anavitate-prsupreme-1927.