People v. Márquez

Supreme Court of Puerto Rico

People v. Márquez

49 P.R. 869

CourtSupreme Court of Puerto Rico

DecidedMay 7, 1936

DocketNo. 6093

StatusPublished

This text of 49 P.R. 869 (People v. Márquez) 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. Márquez, 49 P.R. 869 (prsupreme 1936).

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Opinion

Mr. Justice Wole

delivered the opinion of the court.

In the District Court of Ponce, José Miguel Márquez was accused of murder in the second degree and convicted of manslaughter. The appellant before us maintains that the real proximate cause of the death was the acts of the deceased in failing to follow the instructions of Ms doctor and in doing things that were forbidden him, like the drinking of water. The proof was clear with regard to the conduct of the deceased.

TMs court has decided in People v. Rodríguez, 39 P.R.R. 840, making reference therein, among others, to the citations of the Prosecuting* Attorney (Fiscal), in his brief, that where the death would not have taken place but for the acts of the defendant, carelessness or inadequate treatment by physicians can not exonerate the defendant. Neither, under the facts of this case, could the acts of the deceased. See also People v. Gonzalo, 47 P.R.R. 676.

The judgment should be affirmed.

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Mr. Justice Wole

delivered the opinion of the court.

In the District Court of Ponce, José Miguel Márquez was accused of murder in the second degree and convicted of manslaughter. The appellant before us maintains that the real proximate cause of the death was the acts of the deceased in failing to follow the instructions of Ms doctor and in doing things that were forbidden him, like the drinking of water. The proof was clear with regard to the conduct of the deceased.

TMs court has decided in People v. Rodríguez, 39 P.R.R. 840, making reference therein, among others, to the citations of the Prosecuting* Attorney (Fiscal), in his brief, that where the death would not have taken place but for the acts of the defendant, carelessness or inadequate treatment by physicians can not exonerate the defendant. Neither, under the facts of this case, could the acts of the deceased. See also People v. Gonzalo, 47 P.R.R. 676.

The judgment should be affirmed.

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Bluebook (online)

49 P.R. 869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-marquez-prsupreme-1936.