People v. Nieves Alvelo
People v. Nieves Alvelo
Opinion of the Court
The mere possession of the thing or of the objects stolen is not in itself sufficient to support a conviction for the offense of larceny, but, in the absence of direct evidence on the act of the illegal taking, the recent possession by the defendant of the stolen property together with other circumstances — to offer a false explanation on the origin of that possession, or that it be unbelievable or incon-gruent with the manner of acquisition, as having found it or acquired it by purchase from a third person — justifies that the question be submitted to the jury for the final determination of the criminal responsibility. People v. Chiclana, Crim. No. 62-397, judgment of June 5, 1963; People v. Díaz, Crim. No. 16993, judgment of December 12, 1961; People v. Vázquez, 63 P.R.R. 508 (1944); People v. Galarza, 60 P.R.R. 203 (1942); People v. Atilano, 44 P.R.R. 570 (1933); People v. Domínguez, 36 P.R.R. 419 (1927); People v. Vadi, 35 P.R.R. 925 (1926); People v. Villegas, 25 P.R.R. 815 (1917); People v. Laureano, 20 P.R.R. 7 (1914); People v. Acevedo, 18 P.R.R. 232, 238 (1912) ,
As the Solicitor General indicates in his report while consenting to the reversal of the judgment of conviction,
The judgment rendered by the Superior Court, Arecibo Part, on December 27, 1961, will be reversed and the case remanded for a new trial.
In regard to the burglary offense to commit larceny or pilferage, see, People v. Juarbe, 83 P.R.R. 719, 722 (1961); People v. Bayron, 40 P.R.R. 785, 789 (1930); People v. Méndez, 39 P.R.R. 841, 842 (1929); People v. Moreno, 32 P.R.R. 759 (1924).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.