People v. Cordero

82 P.R. 367
CourtSupreme Court of Puerto Rico
DecidedApril 11, 1961
DocketNo. 16207
StatusPublished

This text of 82 P.R. 367 (People v. Cordero) 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. Cordero, 82 P.R. 367 (prsupreme 1961).

Opinion

Mr. Justice Blanco Lugo

delivered the opinion of the Court.

The District Attorney of San Juan charged Federico Cor-dero with the crime of mayhem (§ 212 of the Penal Code, [369]*36933 L.P.R.A. § 671) consisting in that on February 19, 1956, he “illegally, wilfully, with malice aforethought, and with criminal intent,” assaulted and battered Carlos Nevares with a glass, “breaking it in his face and inflicting maiming wounds on him, thereby causing the permanent defacement and disfigurement” of the injured party.1 The trial was held by the court without a jury which found the defendant guilty and imposed on him an indeterminate sentence of one to five years imprisonment in the penitentiary.

From this judgment an appeal was taken in which eighteen errors were assigned. For the sake of a better disposition of the case we have classified them into various groups, according to the affinity of the questions raised.

I

The appellant maintains that the trial court erred in convicting the defendant for the offense charged, without the element of malice having been established by the evidence. A specific intent need not be proved in order to constitute the crime of mayhem, People v. Pizarro, 21 P.R.R. 17 (1914); Brown v. United States, 171 F.2d 832 (C.A. D.C.) (1948); Kennedy v. State, 270 S.W.2d 912 (Ark. 1954). Malice aforethought is not an essential element either, and proof of premeditation or deliberation is not required, People v. Wright, 29 Pac. 240 (Cal. 1892); Boulding v. State, 177 [370]*370P.2d 152 (Okla. 1947) but, in any event, said malice may be inferred from the conduct of the accused or the circumstances attending commission of offense, State v. Thomas, 142 P.2d 692 (Kan. 1943) cert. denied, 322 U.S. 739, since malice is, for this purpose, a synonym of the purpose or design to injure. Unless it is satisfactorily proved that the defendant acted in self-defense, malice shall be established by proof of the commision of the act, 19 Cal. Jur. 2d § 337. One of the aims of the lawmaker in defining this offense was to avoid astounding brutality in personal encounters and attacks, and hence that malice could be presumed from the atrocity of the act itself and which, among other cases, is inferred from the nature of the instrument or means used for the assault. People v. McWilliams, 197 P.2d 216 (Cal. 1948) (glass); Rankin v. State, 139 S.W.2d 811 (Tex. 1940) (bottle); United States v. Bando, 244 F.2d 833 (C.A. 2, 1957); Lee v. State, 298 S.W.2d 155 (Tex. 1957) (throwing of acid to the face); Babb v. State, 297 S.W.2d 132 (Tex. 1957) (handcuffs); Pate v. State, 177 S.W.2d 933 (Ark 1944) (blackjack) . Considering that the assault proved in this case was caused by a glass which struck the face of the injured party, it is presumed that the defendant is responsible for the natural consequences of such an act. People v. Irizarry, 33 P.R.R. 160 (1924).

II

The defendant alleges that the refusal (1) to suspend trial because the defendant “was not ready” to enter the hearing of the case (First Error) and (2) to grant the defendant a recess of half an hour so that he could hold counsel with his lawyers for the purpose of preparing the cross-examination for the witnesses for the prosecution (Fifth Error), are reversible errors because they constituted an abuse of discretion of the case under the attendant circumstances. In order to dispose of this contention it is necessary to briefly outline the facts relating to these incidents.

[371]*371The information in the present case was filed on February 24, 1956 and the hearing of the case was set for three months later, that is, for next May 28. The defendant appeared in court represented by five attorneys, Mr. Ernesto Juan Fonfrías, Mr. Rubén Gaztambide Arrillaga, Mr. René Muñoz Padin, Mr. Angel Viera Martínez, and Mr. Rafael Barbosa. At the commencement of the hearing the defendant, represented by Mr. Viera, requested a continuance in order to have “an opportunity to prepare himself for trial,” (T-2) because: (a) during the days preceding trial the principal attorney, Mr. Fonfrías, as well as Mr. Gaztambide and Mr. Muñoz Padin, had been busy with their work as members of the Legislative Assembly; (b) Mr. Viera, who had been employed approximately two iveeks before the trial, had been conducting other criminal prosecutions, and because of his health, he was in no condition to take charge of the case; (c) the attorneys had not been able to convene sufficiently in advance in order to work out the plan for defense and had been unable to “investigate” the members of three panels of the jury which had been drawn three days before (Friday, May 25). It was accepted that the date set for trial had been suggested by the members of the defense at the time of the arraignment (T-7). The request for a continuance was denied and immediately, the defense requested a five minutes recess and the court granted half an hour. When the morning session was resumed, the defendant waived his right to a trial by jury and submitted himself to the court, alleging that since “he does not know who the jurymen are, and has had no time to find out, he thinks that he would be handicapped if he submits to a trial by jury” (T-42) ; at the insistence of the court he ratified his decision because “the defendant and his .attorneys believe that Your Honor shall do proper justice” (T-43, 45). Immediately a recess was ordered lasting until 2:30 p.m., which was extended a bit longer until Mr. Fon-frias arrived. All the attorneys for the defendant were pres[372]*372ent during the session on the afternoon of the 28th, and the District Attorney proceeded to present the evidence. Mr. Viera and Mr. Barbosa represented the defendant at the hearing, which continued on May 29 and 31. On this last day the hearing was postponed because of Mr. Vieras’ illness, and it was continued on the next day, June 1, and on this occasion Mr. Fonfrias participated therein. The evidence for the prosecution ended on Friday, June 1. The defendant presented his evidence on June 4 and 5, and on the last day Mr. Fonfrias was also present. The case was submitted without arguments. The transcript reveals that the defendant had at every moment the legal assistance of Mr. Viera, who participated actively and competently in the presentation of the evidence and in the cross-examination of the witnesses of the People. An eloquent proof of his diligent professional activity is the transcript of the record which consists of three volumes and 915 pages.

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Related

People v. McWilliams
197 P.2d 216 (California Court of Appeal, 1948)
Lee v. State
298 S.W.2d 155 (Court of Criminal Appeals of Texas, 1957)
Pate v. State
177 S.W.2d 933 (Supreme Court of Arkansas, 1944)
Boulding v. State
1947 OK CR 11 (Court of Criminal Appeals of Oklahoma, 1947)
Rankin v. State
139 S.W.2d 811 (Court of Criminal Appeals of Texas, 1940)
Babb v. State
297 S.W.2d 132 (Court of Criminal Appeals of Texas, 1957)
People v. Wright
29 P. 240 (California Supreme Court, 1892)
Brown v. United States
171 F.2d 832 (D.C. Circuit, 1948)
Kennedy v. State
270 S.W.2d 912 (Supreme Court of Arkansas, 1954)
State v. Thomas
142 P.2d 692 (Supreme Court of Kansas, 1943)

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Bluebook (online)
82 P.R. 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cordero-prsupreme-1961.