
    The People v. Moura.
    Appeal from the District Court of Ponce.
    No. 47.
    Decided December 15, 1903.
    Appeal —Misdemeanor.—When a crime punishable by imprisonment in the penitentiary is also punishable by a fine or imprisonment in jail in the discretion of the court, a judgment imposing a punishment therefor other than imprisonment in the penitentiary shall be deemed a misdemeanor for erery purpose after judgment, from -which no appeal lies to the Supreme Court.
    STATEMENT OE THE CASE.
    This case is pending before us on appeal taken from the judgment of the District Court of Ponce in proceedings instituted against Antonio Moura for the crime of assault with a deadly weapon.
    The Fiscal of the District Court of Ponce, under date of June 15, last, filed a duly sworn information against Antonio Moura, charging him with the crime of assault with a deadly weapon, included under section 237 of the Penal Code, and Moura having been tried by the court of said district, he was sentenced on the 20th of the following month of July to six months of imprisonment in jail and to pay the costs.'
    From this sentence counsel for defendant took an appeal which was allowed and duly heard in this Supreme Court, said appeal being contested by the Attorney General, on the ground that it was inadmissible. The appellant failed to appear.
    
      Mr. del Toro, Fiscal, for respondent.
    The appellant did not appear.
   Opinion op the Court.

According to section 237 of the Penal Code, a person guilty of assault with a deadly weapon is punishable by imprisonment in the penitentiary not exceeding ten years, or in jail, not exceeding two years, or by a fine not exceeding five thousand dollars, or by both; and according to section 14 of the same Code, when a crime punishable by imprisonment in the penitentiary is also punishable by fine or imprisonment in jail in the discretion of the court, it shall be deemed a misdemeanor for all purposes, after a judgment imposing a punishment other than imprisonment in the penitentiary.

An appeal lies only in a criminal action amounting to a felony, according to section 345 of the Code of Criminal Procedure; and inasmuch as the crime for which the convict, Antonio Moura lias been punished, must be deemed a misdemeanor for all the purposes of law as aboye set forth the appeal taken does not lie.

In view of the legal authorities cited, the appeal taken by Antonio Moura from the judgment rendered by the District Court of Ponce, July 20,1903, is dismissed, with costs against the appellant.

A certified copy of this decision is ordered to be forwarded to aforesaid court for compliance therewith.

Dismissed.

Chief Justice Quiñones and Justices Hernandez, Figue-ras, Sulzbacher and MaeLeary concurred.  