People v. González
People v. González
Opinion of the Court
delivered the opinion of the court.
The defendant, after waiving trial by jury, was convicted by the district court of murder in the second degree and sentenced to thirty-years’ imprisonment. He has appealed, assigning three errors.
Juan Santa had been in the employ of José Rui-díaz, a storekeeper, for ten years. Ruidiaz lived in the rear of his store. Whenever he left the store, Santa watched it for him. This store was located near the factory of the Loiza Sugar Co., about 100 meters from the Central.
The district attorney filed a single information charging Juan Ramón González, José Alberto Muriel, and Mariano Rosario Centeno jointly with the murder of Santa, but Gon-zález was tried separately in the case now before us on appeal.
González lived in the quarters of the Loiza Sugar Co., situated near the scene of the crime. Félix Santiago testified that on the night of the killing, which was a bright moonlit night, he was leading a cow past Ruidiaz’s store about 7: 30 to 8: 00 p. m.; that he saw the defendant and Mariano Rosario Centeno struggling with Santa; and that a short distance away he saw Muriel, o who was bending forward as though he was trying to grab something, and looking towards ' Santa.
Two witnesses testified that about 7:30 they saw Muriel, who asked them where González was, and that Muriel asked one of the witnesses to take him to the quarters of the Central, telling him that if he could , find González for him he would be rewarded. Another witness testified that about 7 P. M. that same night Muriel asked him for González’s whereabouts; that he told Muriel he did not know; that a few minutes later he saw González, and told bim Muriel was looking for him, and that he informed Muriel of this on seeing him for a second time.
While the proof was not as rebust as it might have been, there was sufficient direct and circumstantial evidence to justify the conviction of the defendant. The district court, in refusing to give credence to the testimony of the defendant, by which he attempted to establish an alibi, was acting within its province. People v. Berenguer, 59 P.R.R. 79, 90.
There was no error in admitting as testimony against the defendant the acts and statements of Muriel, his.co-defendant, in connection with Muriel’s efforts to locate the defendant on the night of the crime, since the information charged that the defendant, Muriel, and another person committed the crime in question jointly. People v. Escobar, 55 P.R.R. 491, 508; People v. Berenguer, supra, at page 88.
The defendant objected to the introduction of this testimony at the trial on the ground that it could not be admitted unless Muriel’s connection with the murder was first shown. No such requirement exists as a matter of law. “The logical sequence of events — from agreement in a common purpose to perpetration of an act designed to carry it out — does not
As a matter of fact, in this particular case, Muriel had already been connected with the crime by the above-noted testimony of Santiago before Muriel’s acts and statements were offered in evidence against the defendant. .
Finally, the defendant complains of the action of the trial judge in calling on Ms own initiative two witnesses to -testify after both sides had rested. Only one of these actually testified. In ruling on a motion to strike his testimony the lower court said:
“The court is of the opinion that it has authority to summon any witness whose testimony the court believes might help in deciding a case. In this case the testimony of Félix Santiago is essential and it is very important for the court to determine whether or not Santiago spoke the truth. In Santiago’s own testimony there was a gap which the court was unable to understand, that is, how was it ascertained that Santiago knew something. The court was concerned about that and believed it convenient to summon the person who according to the evidence had ordered Santiago’s arrest in order to learn why had Santiago been arrested; how was it ascertained that Santiago knew something concerning this case ;....- The court called the witness who had not been presented by any of the parties in order that he explain that situation, and it does not constitute rebuttal of defendant’s evidence nor does it constitute evidence of The People or of the defense; it is simply evidence to explain a situation. ’ ’
The judgment of the district court will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.