People v. Ortiz Bonilla
People v. Ortiz Bonilla
Opinion of the Court
delivered the opinion of the Court.
Appellant was prosecuted jointly with Juanita Montañez Hernández in the former District Court of Puerto Rico, San Juan Section, for the crime of grand larceny committed, as charged in the information, by taking from the person of Angel Luis Romero Mercado a wallet containing the sum of eleven dollars, belonging to the latter. He was tried by the court without a jury and sentenced to serve from ten to twelve years in the penitentiary on the ground that he was a repeated offender. He appealed praying for reversal of the judgment on the ground that the court committed several errors, which are assigned.
The first of those errors alleges that the trial court erred in finding him guilty notwithstanding the fact that the information is at variance with the evidence as respects the
The appellant was prosecuted for violation of the latter subdivision, which does not require that the property taken have a precise value, provided, of course, it has a value. What makes the larceny in the instant case grand larceny is that the property involved in the crime ivas taken from the person. In view of'the foregoing, the fact that the wallet contained a sum of money different from that charged in .the information is immaterial. People v. Gray, 5 Pac. 240, 244 (Cal.); People v. Sherman, 32 Pac. 879 (Cal.); People v. Nelson, 56 Cal. 77, 80.
The second, third and fourth assignments deal with certain contradictions in the weighing of the evidence by the trial court, as alleged by appellant. We have examined the transcript of the evidence and find that the evidence supports the judgment appealed from, and that there is no reason why we should disturb the conclusion reached by that court regarding defendant’s guilt.
Appellant alleges in the last assignment that he was incarcerated for more than six months awaiting trial, and that the judgment should be reversed on this ground. He invokes the provisions of § 11, Art. II of the Constitution of the Commonwealth of Puerto Rico, which provides that “In
The judgment appealed from will be affirmed.
The taking- of a wallet from a person, even though it does not contain any money, is, of course, the crime of grand larceny referred to in subdivision 2, supra.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.