Decisiones de Puerto Rico Volume 29

Decisiones de Puerto Rico Volume 29

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...The jury and not the policeman can find the defendant guilty. How? On the evidence examined in accordance with the law. It would be clearly against the nature of things to hold that the policeman did not act on conclusions which he arrived at for himself; but it is not these conclusions that he should disclose to the jury. He should testify to the facts from which they may have been derived so that the jury may form its own opinion independently. Furthermore, the manner in which evidence so important and decisive as the admission by the accused of his own guilt, as contained in the policeman's testimony, was offered and admitted is so informal that we can not overlook this fact. The district attorneys are lawyers who should know the criminal law to a high degree of perfection and they should be the first to respect the rights of persons accused of crime. When this attitude is followed strictly and firmly by them a great moral prestige and an authority which has its own influence are the results thereof. Questions should not be put to a policeman like that in this case, "Whom did you suspect!" And an admission should not be admitted in evidence without a showing that it was really voluntary. By virtue of all the foregoing, the judgment appealed from must be reversed and the case will be remanded to the district court of its origin for a new trial. Having reached this conclusion, it becomes unnecessary to examine the other errors assigned, although it is well to say here that, having considered them, we are convinced that none of them would justify the discharge of the defendant. Reversed and rema/nded. Chief Justice Hernandez and Justices Wolf, Aldrey and Hutchison concurred. BERTBAN ET AL., PLAINTIFFS AND Arrsnmurs, '0....
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Product details

  • Paperback | 398 pages
  • 189 x 246 x 21mm | 708g
  • United States
  • English
  • black & white illustrations
  • 1236932560
  • 9781236932563