People v. Lampón Sierra
People v. Lampón Sierra
Opinion of the Court
delivered the opinion of the Court.
In the Superior Court of Puerto Rico, San Juan Part, Luis H. Lampón Sierra and Francisco Arrufat were charged with a violation of § 83 of the Penal Code of Puerto Rico
Tried jointly before' a jury, both defendants were found guilty of the offense charged. The trial court sentenced each one to a term of from one to five years’ imprisonment in the penitentiary at hard labor. Both appealed. Arru-fat’s appeal, however, was dismissed because he informed the Court in writing that he had no assignments of error.
The first error is that the court made certain remarks which in his opinion influenced the jury with respect to the weight and sufficiency of the evidence for the prosecution, as well as to his guilt. In support of his contention he cites the following:
“Hon. Prosecuting Attorney: I wish to announce that we have decided not to introduce evidence in rebuttal.
“Hon. Judge: I had taken that for granted.”
Appellant contends that those remarks made by the judge prejudiced him inasmuch as they could be interpreted by the jury to the effect that in the judge’s opinion the prosecuting attorney had no need to introduce additional evidence in order to convict the defendant. However, if we
“Hon. Judge: Do you accept that the jury is the same and that it is complete?
“(Both parties answer affirmatively).
“Hon. Judge: The prosecuting attorney may make his closing address. The prosecuting attorney has until 11:05 a.m. and the defense until 11:35 a.m. and the prosecuting attorney until noon. I shall give the instructions at 2:00 p.m.
“Lie. Marrero Ledesma: My colleague, Mieres Calimano, who is Mr. Lampón’s attorney, shall take a turn for Mr. Lam-pón, and the speaker, who is Arrufat’s counsel, shall only take a short turn.
“Hon. Judge: The time can be divided. There is one hour and a half left. Three quarters of an hour for the defense and three quarters of an hour for the prosecuting attorney. Why don’t you reach an agreement and the defense may address the jury first and the prosecuting attorney close the case?
“Hon. Prosecuting Attorney: I believe that it is convenient.
“Hon. Judge: You may present the case and make corrections at the same time.
“Hon. Prosecuting Attorney: I wish to announce that we have decided not to introduce evidence in rebuttal.
“Hon. Judg'e: I had taken that for granted.” (Italics ours.)
The limit of time for the addresses of the prosecuting attorney and the defense having been fixed, and the prosecuting attorney having remained silent as to his intention of introducing the announced evidence in rebuttal, the judge was logically entitled to assume that the prosecuting attorney
Appellant complains in the second place that the lower court erred in improperly summarizing the testimony of Manuel Ramírez de Choudéns, star witness of the People. This witness testified on direct examination that he visited the defendants Lampón Sierra and Arrufat in order to see whether they would permit him to continue the construction of a terrace, a car port and a garage in the house of Alfonso Pérez Matos at Puerto Nuevo without the permit required by the Bureau; that Arrufat told him “this affair is in bad shape, but tell Mr. Pérez Matos that if he puts up some money I am able ... to let him proceed with the project without the permit.” On cross-examination by the defense,, however, the same witness attributed said statements to the codefendant Lampón Sierra, thereby incurring an apparent contradiction. As part of his instructions to the jury, the judge made a summary of the testimony of each witness and
On the other hand, there is nothing in the transcript of evidence sent up to this Court to show that the appellant at any time made an objection to the analysis of the evidence made by the court with respect to the testimony of witness Ramírez de Choudéns, or that he called the court’s attention to the omission or inadvertence that he now assigns as error. Naturally, when by error a judge incurs omissions or in-
Our case law has established that when a defendant does not agree with the instructions given by the court he must take specific exceptions to those which he deems prejudicial, so as to give the trial court an opportunity to correct them. If he fails to do so, he thereby waives any error in the instructions which is not fundamental. People v. Feliciano, 70 P.R.R. 834; People v. Muñiz, 73 P.R.R. 405; People v. Ortiz, 68 P.R.R. 632; People v. Márquez, supra; People v. Millán, 66 P.R.R. 233; People v. Valentín, supra; People v. Cartagena, supra; People v. Benítez, 47 P.R.R. 74; People v. Maldonado, 45 P.R.R. 405. Hence, the appellant has no right to allege that the aforesaid inadvertence warrants the reversal of the judgment against him. Furthermore, erroneous or deficient instructions which do not prejudice the substantial rights of the accused are not important and are not a ground for reversal. People v. Lebrón, 61 P.R.R. 634, 647.
Appellant also contends that the trial court made reprehensible imputations to the counsel of the defense in the presence of the jury. On cross-examination of the witness for the prosecution, Alfonso Pérez Matos, the following took place:
“Hon. Judge: One moment, please. A question answered by the witness has not reached the jury. Stenographer, read it to the jury. Let us not conceal what is being spoken. A question which the witness has answered has not reached to the jury.
“Lie. Juliá: We wish to take an exception to the statements of the court because I believe that the defense at no time has obstructed the witness in his testimony and still less that the defense has acted with any intention to conceal anything of what the witness has testified, and furthermore, we wish to state that the whole incident and the statements of the court, have been in the presence of the jury.
*109 “Hon. Judge: Let the record show that everything my colleague says is true, except that both attorneys, and particularly Mr. Marrero Ledesma, have persistently insisted, despite the measures taken by the court, in cross-examining the witness despite the court’s order to let the witness talk and to let the stenographer repeat his statement, which was stifled by the shouts and obstinate questions intended to prevent the jury from hearing those statements. Let it be clearly stated in the record. You may now proceed with the cross-examination.
“Lie. Marrero Ledesma: Please, allow me your Honor? We sincerely apologize to your Honor if your Honor believes that the speaker has been disrespectful to you.
“Hon. Judge: I do not believe that, counsellor. I have not said that either attorney has been disrespectful to me. What I have said is that the jury is entitled to hear the witness’ answer and thát no attorney should continue a cross-examination when the court orders the stenographer to read the answer and your Honor obstinately continues to examine the witness, stifling his words and the court’s and therefore, it will go on the record because an exception has been taken in order that everything be clear. Continue. No one has been disrespectful to anybody. Counsellors are defending their clients with the zeal that they should display, but they have overdone it because they have not heard the admonitions of the court and therefore, the court has the obligation to see that the jury hears every word pronounced by the witness. You may continue.”
The appellant’s contention is that the imputation made by the judge against counsel of the defense created in the minds of the jury a hostile attitude against both defendants, thus depriving them of a fair and impartial trial. Said contention is entirely frivolous and does not deserve serious consideration. Cf. People v. Acevedo, 35 P.R.R. 886. The words addressed by the judge to the counsel of the defense were not such as to prejudice the defendants. The main, if not the sole purpose of the judge, was to have the jurors hear the witness’ testimony. Statements of the court which do not impair the defendant’s right are not ground for reversal. People v. Vázquez, supra.
“Hon. Judge: Is this the verdict of each and everyone of the jurors or of a majority? Of nine to three or more than that? .It has to be a majority of more than nine or of nine in, favor of the verdict, is this so?
“Mr. Foreman: Yes, sir.
“Q.: The verdict is declared to be in due form and both defendants are found guilty of the offense of bribery, felony, violation of § 84 (sic) of the Penal Code . . .” etc.
The clear way in which the judge explained to the gentlemen of the jury that there had to be a majority of nine or more in favor of the verdict and the positive answer of the Foreman, leave no room for doubt that the jury had clearly understood that in order to return a verdict it had to represent the agreement of at least nine of the twelve persons composing said body.
The judgment appealed from will be affirmed.
Section 83 of the Penal Code of Puerto Rico provides:
“Every executive officer, or person elected or appointed to an executive office, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his vote, opinion, or action upon any matter then pending or which may be brought before him in his official capacity, shall be influenced thereby, is punishable by imprisonment in the penitentiary not less than one nor more than fourteen years; and, in addition thereto, forfeits his office, and is forever disqualified from holding any office.”
The amendment to this section by Act No. 166 of April 30, 1952 (p. 344), plays no part here.
See our resolution of May 7, 1954.
In making a summary of the evidence in his instructions, the trial judge is not bound to reproduce fully the testimony of each witness. A reasonably complete summary of the evidence is enough. People v. Urbina, 50 P.R.R. 843.
Subsequently, the judge told the jury that the verdict could be “by a majority or a unanimous vote.”
Section 185 of the Code of Criminal Procedure as amended by Act No. 11 of August 19, 1948, (Spec. Sess. Laws, p. 212), provides:
“In all cases in which, under the laws of Puerto Rico, a jury must render a verdict, said verdict shall be by the concurrence of no less than three-fourths (%) of the jury.”
Our former criterion is ratified in reading in the transcript of evidence that, prior to the return of the verdict by the jury, after it
Case-law data current through December 31, 2025. Source: CourtListener bulk data.