People v. Nieves
People v. Nieves
Opinion of the Court
delivered the opinion of the court.
In this case the appellant was charged in the information with carrying a firearm with which bodily injury could be caused. On being arraigned in the trial court the defendant moved the court to order that the information be made more specific, but his motion was denied and he now alleges on appeal from the judgment of conviction for the said offense that the ruling on his "motion was erroneous.
In People v. Velasco, 36 P.R.R. 244, we said that as the information charged the defendant with carrying a firearm, it is elementary law that informal or imperfect allegations of essential facts in an information should be taken advantage of by motion to quash, or by demurrer, and are waived by pleading to the merits or by going to trial, and that in the absence of timely objection in the court below we are constrained to hold that the information states an offense. In People v. Jiménez, ante, page 456, the information charged
The present case is distinguished from those cited in that the appellant moved that the information be made more specific on being arraigned and not at the trial; therefore his motion was made in time and he has a right that the information be made to express the kind of firearm that he was carrying. The judgment appealed from is reversed and the case will be remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.