People v. Borque
People v. Borque
Opinion of the Court
delivered the opinion of the court.
The complaint in this case reads:
"I, Pablo Caucel, I. P., * * * charge Clemente Borque, a chauffeur with special license, with violating section 12(a) of the Motor Vehicles Act of April 13, 1916, in the following manner: That at noon, on September 5, 1916, and at Stop 16% of the Santurce highway, in the Municipal Judicial District of San Juan, P. R., the said defendant, while driving his own car No. 519, wilfully and maliciously failed to take proper precautions in the operation of said car to insure the safety of lives and property, causing the car to strike the boy Joaquín Sola, who received bruises for which he was treated in the emergency hospital .at Santurce. This act is contrary to the law provided for such eases.”
Upon this complaint Borque was tried in the jbistrict Court of San Juan, Section 2, for “violation of the Motor Vehicles Act” and sentenced to one month in jail. Feeling aggrieved by the judgment, he took the present appeal and assigned as error that the complaint charged him with no often so whatever and, therefore, that he could not be legally punished.
The fiscal maintains that the complaint is sufficient as it follows the wording of the statute.
The appeal should be sustained and the defendant discharged.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.