People v. García Medina

71 P.R. 210
Supreme Court of Puerto Rico·Decided April 18, 1950·No. No. 14225·Published

Opinion

Mr. Chief Justice de Jesús

delivered the opinion of the Court.

The question to be decided here is whether, after an information charging a misdemeanor is dismissed in order to file another based on the same facts charging a felony, the defendant must be acquitted if convicted of a misdemeanor. •

In this case appellant was charged with involuntary manslaughter, which is a misdemanor, because of the unlawful death of Magdaleno Ocasio, while the former handled a revolver without due care and caution.1 Subsequently, another district attorney of the same district moved the court to order the dismissal of the information in order, to file another charging the crime of murder. The court acquiesced, the new information was filed, and after the case was tried before a jury, the defendant was convicted of involuntary manslaughter with a recommendation of mercy. The defense then prayed that notwithstanding the verdict, the defendant be acquitted inasmuch as the dismissed information charged a misdemeanor and, despite the fact that the second information ■charged a felony, the' verdict established that the crime committed was a misdemeanor. The motion was overruled and the defendant was sentenced to six months in jail, where[212]*212upon she took the present appeal. She argues that, pursuant to § 452 of the Code of Criminal Procedure,2 the lower court lacked jurisdiction to enter judgment.

It is unquestionable that in spite of the fact that the defendant was prosecuted for the crime of murder, the verdict established that she committed the crime of involuntary manslaughter. Cf. People v. Ramos, 28 P.R.R. 749; People v. Picetti, 57 Pac. 156 (Cal. 1899); People v. Angelo, 75 P. (2d) 614 (Cal. 1938). Consequently, we are confronted with the bar prescribed by § 452 of the Code of Criminal Procedure. However, the Assistant Fiscal of this Court maintains that said bar applies exclusively to dismissals ordered pursuant to § 448 of the Code of Criminal Procedure.3 He insists that we would overrule our decisions

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People v. García Medina, 71 P.R. 210 (prsupreme 1950).

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