People v. Rodríguez Sosa
People v. Rodríguez Sosa
Opinion of the Court
Appellant was convicted of grand larceny committed by trickery and deceit. On appeal he alleges that the Superior Court committed error (1) “in sentencing defendant without there being evidence that the corporation alleged to be fraudulent in the information did not exist,” and (2) “in sentencing defendant without evidence for conviction.”
The second assignment is likewise frivolous. The evidence for the prosecution which was the only evidence presented to the jury because defendant did not introduce any evidence, showed that he committed grand larceny using trickery and deceit. Pretending to be president of a corporation engaged in financing businesses, he persuaded Rita Diaz Astacio to buy from him said corporation’s shares for the amount of $1,000. He did not deliver the shares to the purchaser under the pretext that they were being printed. He never delivered said shares, nor returned the money to the purchaser. Neither the corporation nor the shares he sold ever existed. As president of said fictitious corporation he received money from a merchant to finance the enlargement of his business. The financing offered never arrived and the money received therefor was never returned. There' are other details in the evidence but the facts aforestated establish the commission of the offense charged against defendant. Defendant deceived Rita Diaz Astacio pretending to be president
The judgment appealed from will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.