People v. Cruz Santiago
People v. Cruz Santiago
Opinion of the Court
delivered the opinion of the Court.
These cases originated in complaints filed by Marcelino Santiago and José S. Davila charging that the defendant Juan Cruz Santiago, on January'12 and 14, 1929, in San-
The defendant demurred to both complaints, but his demurrer was overruled. After the cases had been called for trial and the government evidence heard, the defendant moved for a peremptory discharge. The court denied the motion. No evidence was introduced by the defendant and the court rendered judgments sentencing him to three months’ imprisonment in jail for each offense.
On appeal the defendant maintains that the district court erred in holding the complaints as sufficient. He claims that the facts stated do not constitute a public offense, especially the offense of false representation.
We do not agree. What could be a greater false representation than to present as genuine checks known to be false by the person who presents them? And what clearer fraud than to obtain from an innocent person money under such a false pretense? There is no need for the complaint to state that the defendant told the victim that the check was genuine and succeeded in convincing him of it. The mere presentation of the check for the purpose of cashing it is stronger than any oral representation and includes everything in itself.
Nor was it necessary that the reference to the banks contained in the complaints should have been more specific.
Lastly, it was not necessary to allege that the signatures which appeared on the checks were false. All that was required to be stated, and it was so stated, was that the checks were false and that the defendant, with knowledge of their falsity, presented them to the prosecutors as being genuine and succeeded in having the* checks cashed by them.
Besides, the fact must not be overlooked that we are dealing with complaints and not with informations, drawn by the district attorney.
For the reasons assigned, and in view of the case of People v. Muñoz, 22 P.R.R. 356, the judgments appealed from must be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.