People v. Oquendo Quiñones
People v. Oquendo Quiñones
Opinion of the Court
delivered the opinion of the Court.
In the Superior Court of Puerto Rico, Bayamón Part, Fidel Oquendo Quiñones was charged with a violation of § § 6 and 8 of the Weapons Law of Puerto Rico — No. 17 of January 19, 1951, Spec. Sess. Laws, p. 426, 25 L.P.R.A. § 411.
The information referred to in the first assignment reads, insofar as pertinent, as follows:
“The prosecuting attorney hereby files an information against Fidel Oquendo Quiñones, a resident of Street 11, D-19, Barrio Amelia in Guaynabo, Puerto Rico, for a violation of § 8 of the Weapons Law of Puerto Rico . . . committed as follows:
“The aforesaid Fidel Oquendo Quiñones, on or about July 12, 1955, and in Barrio Amelia of Guaynabo, Puerto Rico, which forms part of the Court of First Instance, Superior Court of Puerto Rico, Bayamón Part, unlawfully, willfully and maliciously was bearing, carrying and transporting a loaded revolver, without having a license to carry weapons issued therefor by the Court of First Instance, Superior Court of Puerto Rico, Bayamón Part, which is the District appertaining to the domicile of defendant herein, or by the Chief of Police of Puerto Rico, such revolver being a firearm with which serious bodily harm may be inflicted.”3
In the case of People v. Segarra, supra, the defendant was charged with the carrying of a revolver “without
“. . . an information must allege that the defendant was bearing a firearm without having a license therefor. People v. González, supra (75 P.R.R. 409); People v. Rivera, supra (73 P.R.R. 402). However, in both cases, once the People has put the defendant on notice by making the negative averment, it is not incumbent upon the prosecution to adduce positive evidence to support such a negative averment which if untrue could be readily disproved by the production of a document or other evidence readily within the defendant’s control. . . .
“The People charged the defendant with bearing a firearm zaithout having a license therefor and proved .that he was bearing a revolver on the date named in the information. A presumption of illegal bearing thereupon arose which the defendant was entitled to refute by proving if he could that he had a license to bear it. In the absence of such proof establishing the said defense and showing that the defendant fell within the exception in the statute for those having licenses to bear a weapon, the jury was justified in finding the defendant guilty as charged in the information. . .” (Italics .ours.)
In the case at bar the defendant was charged, as we have seen, with the carrying of a revolver without having a license therefor issued by the Bayamón Part of the Superior Court. As in the ease of People v. Segarra, supra, the presumption of unlawful bearing of a firearm arose, and it was the duty of the defendant to overcome the presumption, which he failed to do. See also, People v. Rupizá, 72 P.R.R. 694, 697; People v. Pacheco, 78 P.R.R. 23, 28. Cf. People v. Olmo, 56 P.R.R. 384.
In countless cases we have held that in prosecutions for carrying a firearm, when it is not presented because it was not seized, the evidence for the prosecution
José Martínez Granado:
“Q. Where were you on that day, July 12, 1955, at about half past ten in the evening?
“A. At Primitivo Colón Otero’s cafetín.
“Q. While there on that night, in that cafetín, did you have an incident with somebody?
“A. I was there drinking beer when this man arrived . . .
“Q. Pointing to defendant for the record . . .
“A. . . . Fidel Oquendo Quiñones arrived and uttered obscene words there at the cafetín of Primitivo Colón Otero, and then he came out to the street where I was standing and addressed me, and told me (here a series of obscene words). Then I told him that ‘You are nothing but a bragger,’ and when I told him that, he drew a gun and shot at me hitting me here, on the pants.
“Q. How was the gun?
“A. It was a dark gun, sort of black.
“Q. Have you got the pants here that you wore that night?
“A. Yes, sir.
“The Court: Let me see the pants.
“A. Here is the shot (pointing it out in the pants).
The Court:
“Q. Is that where the hole is?
“A. Yes, sir, I thought that I had been burned, because I felt hot around here, on my foot.
“Q. How would you describe that gun?
“A. I saw the gun, it had a black handle and the barrel was black.
*517 “Q. Are you telling the court that this hole in your pants is from a bullet?
“A. Yes, sir.
“Q. You swear to that?
“A. Yes, sir. . . .”
Carmelo Méndez Garcia:
“Q. Where were you on the night of July 12, 1955, at about ten thirty?
“A. I was standing on the sidewalk at the corner of the cafetín of Primitivo Colón Otero.
“Q. Do you know if any incident took place there, any brawl that you witnessed?
“A. There was actually no brawl.
“Q. What was it that you saw?
“A. What I saw was that this young man, José Martínez Granado, passed by me and asked me to join him for some beers and I accepted. Roberto Mercado was there when at that instant Fidel Oquendo Quiñones arrived at the cafetín, took a drink and went out again uttering obscene words addressing this young man, José Martínez Granado. Then José Martínez Granado answered him ‘You are the one who is a bragger,’ and when he answered thus, this man (pointing at defendant) immediately shot at him with a small gun, black; the gun was black, with a short black barrel.
“Q. At what distance was defendant from José Martínez Granado when he shot at him?
“A. About ten to twenty feet away from him.
“Q. How many shots did he fire?
“A. One.
“Q. And what happened then?
“A. When this man (the defendant) arrived he said obscene words to Martínez Granado and he answered that ‘You are the one who is a bragger’ and immediately this man (the defendant) drew out his gun and fired at Martínez Granado. . . .”
After the evidence for the prosecution was introduced, the defendant took the witness stand and his testimony-tended to show that on the night in question he had no weapon and had fired no shots. His witness José Serrano testified in similar terms.
The judgments of the lower court will be affirmed.
Section 6 of the Weapons Law of Puerto Rico — 25 L.P.R.A. § 416— provides:
“Any person who has or possesses any pistol, revolver, or other firearm without having a license therefor issued as hereinafter provided, shall be guilty of a misdemeanor and, if previously convicted of any violation of this Act, or of any of the offenses specified in Section 17 hereof, or uses the weapon in the commission of any of such offenses, shall be guilty of a felony.” (Italics ours.)
Section 8 of that same Act — 25 L.P.R.A. § 418 — reads as follows:
“Any person bearing, carrying, or transporting any loaded pistol, revolver, or other firearm, or who bears, carries, or transports any pistol, revolver or other firearm, while at the same time bearing, carrying, or transporting ammunitions which may be used for discharging such pistol, revolver or other firearm, without having a license to carry weapons issued as hereinafter provided, shall be guilty of a felony.” (Italics ours.)
In the case for a violation of § S of the Weapons Law, which is a felony, the defendant waived a trial by jury.
The information for a violation of 5 6, insofar as pertinent, is that the aforesaid defendant “had in his possession and transported a gun without having- previously obtained a license issued by the Chief of Police of Puerto Rico for the possession therefor, or by the Court of First Instance, Superior Court of Puerto Rico, Bayamón Part, which is the part appertaining to the domicile of the defendant here. . . .”
Now Superior Court—see Act No. 11 of July 24, 1952 (Spec. Sess. Laws, p. 30), 4 L.P.R.A. §1.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.