Ex parte Bernardini
Ex parte Bernardini
Opinion of the Court
rendered the following opinion of the court:
In this cause the defendants had been convicted under the gaming laws and condemned to fine and imprisonment.
The grounds upon which the relief is sought is that the information is defective in not showing the crime, and was not made in the name of the People of Porto Rico, and that the penalty is not proportioned to the crime of which they were convicted.
There is nothing in the record to show what was the form of the information or the defects, if any, which may be therein. A copy of the judgment of conviction is set out and it appears in all things regular and just.
Whatever may have been the irregularities in the form of the information, not rendering it fatally defective, these cannot be considered in proceedings on habeas corpus. It appears that the trial court had jurisdiction of the offense and that the punishment is within the terms of the law. No reason was shown for the liberation of the prisoners, and they were properly remanded to the district jail.
There being no good grounds shown for this appeal the judgment of the court below should be affirmed with costs against the appellants.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.