People v. Marengo Santiago
People v. Marengo Santiago
Opinion of the Court
delivered tbe opinion of the court.
This is an appeal from a judgment sentencing the defendant to eighteen months’ imprisonment after conviction by a jury on a charge of robbery. The appellant assigns two errors which we consider together: (1) the district court erred in denying his motion for a nonsuit; (2) the verdict of the jury is not sustained by the evidence.
The appellant contends that the People made no showing that property had been taken by the defendant from
Under the foregoing test, the record contains sufficient testimony to sustain both the denial of a non-suit and the verdict of guilty. The victim testified that the defendant Avaylaid him in an alley, pushed him to the ground, got on top of him, and took $12.75 in cash out of his watchpocket
Even if we assume, without deciding, that these facts did not constitute a taking by force, under § 238, the evidence certainly demonstrates that the victim permitted the defendant to take his money because of his apprehension'that physical harm would be inflicted on him if he resisted. And that, as we have seen, is sufficient to constitute a taking accomplished by fear as required by § 238.
It is true that some, or perhaps many, men would stand their ground under these circumstances with the result that they would either overcome the robber or be both beaten and robbed. But a peaceable citizen is not obligated to display such extraordinary valor. And if he chooses instead to relinquish his property or money under apprehension of violence if he refuses to do so, the defendant under those circumstances has taken property by fear in violation of $ 238.
The defendant also points to certain minor discrepancies in the testimony of the victim and other witnesses. We find nothing in these discrepancies which compel us to set aside the verdict of the jury. Indeed, even if we put to one side the testimony of the other witnesses, this court has held that the testimony of a single witness, if it is believed, is sufficient to convict for robbery. People v. Crus, 61 P.R.E.. 696. And the verdict here is amply sustained by the testimony of the victim.
The judgment of the district court will be affirmed.
Section 238: “Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence and against his will, accomplished by means of force or fear.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.