People v. Sánchez Delgado
People v. Sánchez Delgado
Opinion of the Court
delivered the opinion of the Court.
The only evidence presented in the trial connecting appellant with the criminal acts charged was a fingerprint taken from the inner part of the broken glass of a show window of the burglarized jewelry shop.
The most reliable form of identification is by comparing fingerprints. See the cases of Stevenson v. United States, 380 F.2d 590 (D.C. Cir. 1967) ; People v. Daly, 335 P.2d 503 (Cal. 1959); Avent v. Commonwealth, 164 S.E.2d 655 (Va. 1968); People v. Beem, 192 Cal. App.2d 207 (1961); People v. Riser, 305 P.2d 1 (Cal. 1956). This form of identification developed through scientific studies is universally accepted. In Moenssens, Fingerprints and the Law (1969), an exhaustive study is made on the subject from its historic, scientific, and legal perspective.
“Proof that finger, palm, or barefoot prints found in the place where a crime was committed, under such circumstances that they could only have been impressed at the time the crime was committed, correspond to those of the accused, may be sufficient proof of identity to sustain a conviction.” (8 Wharton, Criminal Evidence 479, 480-83, § 982, 12th ed. 1955.)
See also, Anno, in 28 A.L.R.2d 1115, 1154 (1953), and numerous cases cited there. In the above-mentioned Moenssens book, at page 118, it is stated:
“To support a conviction based solely or primarily on fingerprint evidence, it must be shown that the defendant’s fingerprints were found under such circumstances as to exclude any reasonable possibility of consistency with innocence. If fingerprints corresponding to those of the accused are found at the place where a crime has been committed and in such a manner as to exclude every reasonable hypothesis save that the fingerprints were impressed at the time the crime was committed, then a conviction on the sole evidence of such fingerprints may be sustained.”
The Supreme Court of California, in the case of People v. Adamson, 27 Cal.2d 478, 165 P.2d 3 (1946), affirmed on appeal a death sentence against a defendant charged with murder in the first degree and burglary in the first degree. The sole question raised on appeal was the insufficiency of the evidence presented to identify defendant as the perpetrator of the crime. The evidence was solely grounded on six fingerprints of the defendant found in the victim’s apartment, scene of the crime. See, also, the cases of People v. Rodis, 301 P.2d 886 (1956); People v. Riser, supra; People v. Wise, 199 Cal. App.2d 57 (1962); People v. Abner, 209 Cal. App.2d 484 (1962). See, also, Fricke-Alarcon, California Criminal Evidence 207 (7th ed. 1966).
In the case at bar, as we formerly said, the fingerprint appeared in the inner part of the glass broken to enter the show window. There was. no reason whatsoever for appellant’s print to appear in that place, other than having entered therein illegally. There is no possible,' or reasonable explanation, for the presence of the fingerprint at that place which
Originally, the judge, after inquiring from defendant whether he had been previously convicted and the latter answering in the negative, since his previous encounter with the law had been before he was 16, sentenced him to serve from one to four years. Then the prosecuting attorney intervened and stated that defendant had against him a sentence for burglary. The judge reconsidered the punishment imposed and sentenced him to serve from three to eight'years. Appellant challenges said action. In Santiago v. Warden, 74 P.R.R. 578 (1953) and People v. Lozano Diaz, 88 P.R.R. 817 (1963), we decided the question against appellant. Since defendant was still under judicial custody and there being no showing that the aggravation of the sentence was caused by actions subsequent to the moment when the first sentence was entered, the judge had the authority to reconsider and impose a heavier sentence.
The judgment appealed from will be affirmed.
The trial court did not accept a confession made by defendant because it was doubtful as to its voluntariness.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.