People v. Lebrón López

96 P.R. 267
CourtSupreme Court of Puerto Rico
DecidedJune 26, 1968
DocketNos. CR-66-250, CR-66-251, CR-66-252
StatusPublished

This text of 96 P.R. 267 (People v. Lebrón López) 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. Lebrón López, 96 P.R. 267 (prsupreme 1968).

Opinion

PER CURIAM:

Efraín Lebrón López was accused and convicted by a jury of the commission of three offenses: murder in the first degree, attempt to kill, and violation of the Explosives Act (§ 12, 25 L.P.R.A. § 492). According to the evidence presented, defendant, together with Benjamin del Valle and Manuel Medina Rucci, contrived and planned the death of Ramón Elias Cancel, by placing on the night of October 2, 1963, a homemade time bomb under the driver’s seat of said Elias Cancel’s automobile. Said bomb exploded at 7:00 a.m. the next day. Elias Cancel was killed and Maria Isabel Villegas, an invitee, was hurt. The prosecuting attorney presented evidence to establish that the motive of the crime was the judgment of acquittal entered in the case where Elias Cancel was accused of attempt to kill and bearing of weapons, resulting from an incident between the latter and the defendant in this case. On appeal, defendant assigns the commission of nine errors by the trial court, to wit:

“First Error: The trial court erred in permitting the prosecuting attorney to prove the result of the proceedings which had been previously filed in Humacao, against Ramón Elias Cancel and Efraín Lebrón López, by means of secondary evidence, without it having been shown that the best evidence could not be obtained.
“Second Error: The trial court erred in varying the logical order of the evidence to permit the prosecuting attorney to present evidence concerning certain alleged extrajudicial statements produced by an alleged coconspirator without it having [270]*270befen '.previously established that at the time of the alleged statements'-a conspiracy was under way and they were in aid thereof.
■•“Third Error: The trial court erred in failing to decide'that the alleged extrajudicial statements made by Benjamin del'Valle Cruz, alleged coconspirator, were not admissible against Efrain Lebrón López, and in failing to so instruct the jury. • >. ■
.'“Fourth Error: The trial court erred in failing to decide that the alleged conspiracy had not been proved and in failing to instruct the jury on this point. .
“Fifth Error: The trial court erred in reserving the decision, as to the motion for peremptory acquittal presented by "the defense on the ground that the alleged accomplice's testimony had not' been corroborated for. the purpose of connecting the defendant with the offenses. charged, and in failing to sustain sai(3 motion.
V. “Sixth Error: The trial court erred in permitting the prosecuting. attorney to impinge, on the jury’s functions, by means of supposedly hypothetical questions and their answers. .
.. “Seventh Error: The trial court erred in permitting the prosecuting attorney to conduct an impressive experiment before the jury, under the pretext of illustrating the hypothetical testimony of an expert, without it being warranted by the evidence. '■ ■ ■“Eighth Error: The trial court erred in admitting thfe'ver-dicts,: even when the same were contrary to the' evidence- and contrary to law.
. “Ninth Error: The trial court erred in giving the instructions, to the jury.” ■ .

(1) Appellant alleges that the trial court erred in permitting the prosecuting attorney to prove the result of the-'proceedings previously filed in Humacao against Ramón Elíá's Cancel, by means of secondary evidence, without having shown that the best evidence could not be obtained. He refers to the error challenged as to the testimony offered by witness Selenia González widow of Elias, in relation to. the fact, that Elias Cancel was found not guilty in the criminal proceeding -held against the- latter on September 4, 1963. In that respect, Margaro Lebrón, witness for the defense, [271]*271also testified, and he also testified that defendant Efrain Lebrón was convicted of the offense of carrying weapons when he was prosecuted for facts related to the same incident which gave rise to the prosecution of Elias Cancel. On examination by the defense, the latter witness testified the following:

“Q. Do you know Efrain Lebrón ? . .
A. I know him.
Q. What relation do you have with Efrain?
A. He is my son.
Q. Did you know Elias Cancel ?
A. "Yes, sure.
Q. Do you remember any incident which occurred in relation to him ? ' ■
A. Yes, madame, sure.
. Q. As a result of that incident, did you have to go to some place?
A. I had to go to court every time he went to court during the trial, I went with him.
Q. During the trial, with whom, I mean, against whom.?
A. Against Elias Cancel.
Q. Against Elias Cancel?
A. Aha.
Q. And what relation did your son Efrain have with that proceeding?
A. That he was the one who, he, so that the other was the defendant in a case.
Judge:
Q. Witness, when you say that the other, to whom do you refer ?
A. To the other man.
Q. What is his name ?
A. Elias Cancel.
Q. That Elias Cancel was what?
A. The defendant.
Mes. Cruz:
Q. And Efrain?
A. Efrain was a witness.
Q. In that proceeding which you have just mentioned?
[272]*272A. Yes, madame.
Q. On the day that proceeding was held, where were you? A. In the courtroom, in court.
Q. Whom were you with there ?
A. With him.
Judge:
Q. With whom?
A. With Efraín Lebrón.” (See Tr. Ev. of Nov. 25, 1964, at 603-604.)
Prosecuting Attorney [Mr. Juan]:
Q. Is it true or not that as a consequence of said incident which you mention, your son was also accused?
A. Well, what do you mean, whether I . . . was he also accused ?
Q. No, sir, apparently you did not understand my question; you say there was an incident between your son and Cancel.
A. Yes, sir.
Q. And as a consequence of said incident, Cancel was accused.
A. Yes, sir.
Q. And my question is whether as a consequence of that same incident, in which Cancel was accused, is it true or not that your son was also accused?
A. Of carrying weapons.
Q.

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Bluebook (online)
96 P.R. 267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lebron-lopez-prsupreme-1968.