Supreme Court of Puerto Rico, 1930

People v. Ayala

People v. Ayala
Supreme Court of Puerto Rico · Decided January 23, 1930 · Wole
40 P.R. 459

People v. Ayala

Opinion of the Court

Me. Justice Wole

delivered the opinion of the court.

When the evidence tends to show that the defendant was riding in a truck with a pistol underneath his right thigh the court is justified in finding, not by circumstances but as a matter of direct evidence, that defendant was carrying the said pistol. The case of People v. Ramos, 34 P.R.R. 455 is distinct. A machete is an instrument in common use, independently of its being a weapon, and it was incumbent upon the government in that case to show that the defendant was actually carrying the machete or cane-lmife. The position in which the pistol was found — so close to the body of the defendant — established a prima facie case which the evidence of the defendant might have dispelled but did not. We find no error and the judgment should be affirmed.

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