
    The People v. Rivera.
    Appeal from the District Court of Arecibo.
    No. 4.
    Decided May 18, 1903.
    Appeals. — Cbiminal Action. — An appeal may be taken to the Supreme Court in a criminal action amounting to a felony on questions of law.
    Id. — Judgment.—Uncontbadicted ¡Testimony. — In a criminal action it is the duty of the appellate court to review carefully all of the proceedings had-and which have been submitted to its consideration, and a judgment based upon testimony, which was not contradicted in due time, must be accepted as correct.
    STATEMENT OF THE CASE.
    The hearing having been had in the criminal action prosecuted in the District Court of Arecibo by the People of Porto Rico against Eladio Rivera, charged with the .crime of seduction, the case is now before this Supreme Court on appeal from a judgment of conviction. The aforesaid judgment, delivered December 2, 1902, contains the following:
    
      “I. — Fact proven: — Eladio Rivera, about eighteen years of age, a resident of barrio “Jayuya”, within the Municipal District of Utuado, entertained amourous intercourse with Maria Luisa Martínez, a young girl until then reputed to be chaste, and under promise of marriage had carnal intercourse with her. But as there continued to be obstacles to the undisturbed indulgence of his lust, he conceived the plan of marrying the said Maria Luisa to the peón Luis Maldonado, and then have her as his mistress, which plot, when everything had been prepared for the consummation thereof, was frustrated owing to Maria Luisa’s resistance”.
    The aforesaid court declared that the facts proven constitute the crime of seduction, defined and punished by Section 261 of the Penal Code and that Eladio Rivera is guilty thereof, but taking into consideration his youth, as he appears to be about eighteen years of age he was adjugded to pay a fine of one thousand dollars, or in default thereof to suffer imprisonment in the penitentiary for one year, and costs.
    From this judgment an appeal was taken by counsel for the defendant, who cited, as violated, Sections 2 and 558 of the- Penal Code passed by the Legislative Assembly of Porto Rico and approved March 1, 1902, inasmuch as the exact date on which the said young couple began to have carnal intercourse under promise of marriage, which constitutes the crime of seduction, not being stated, a doubt arises in the mind, and the accused should have the benefit of said doubt, according to the general principles of law, the legal presumption of innocence being in his favor until the contrary is proven, as provided by Section 236 of the Code of Criminal Procedure. Hence, inasmuch as it is not known when the punishable act began, the prim; law, because more favorable, should be applied to this offense, which.is that of rape, but as it is a private offense which is under consideration, the offender can be prosecuted only in the manner prescribed by Art. 467 of the former code, and therefore the proceedings had and judgment rendered therein' are null and void.
    The Court of Arecibo, after serving the appellant with notice of the judgment, forwarded the record to the Supreme Court, where said appellant appeared and formulated his appeal which was opposed by the Fiscal, on behalf of the People of Porto Rico. The hearing was had on April 22nd, the Fiscal presenting his argument.
    
      Mr. Tizol, for appellant.
    
      Mr. del Toro, Fiscal, for respondent.
   Mr. Justice Fig-ueras,

after making the above statement of facts, delivered the opinion of the court.

The crime prosecuted and punished in this case is a felony, and therefore an appeal may be taken from the judgment of conviction, provided the appeal be based upon a question of law, according to Section 345 of the Code of Criminal Procedure. »

.Having in mind the spirit of the present Code of Criminal Procedure, and the nature of the appeal taken, it is the duty of the court to look carefully into all the proceedings had and which have been submitted to its consideration. From an examination of the record it appears that in the Fiscal’s information it is charged that the punishable act was committed after July 1, 1902, an .allegation which has not been in due time contradicted, and for this reason the proceedings had and the judgment rendered thereunder, in which no error of law has been committed, must be accepted as correct, and therefore said judgment should be affirmed in all its parts.

In view of the provisions cited in the judgment and Sections 367 and 368 of the Code of Criminal Procedure, we adjudge that we should affirm and do affirm, the judgment appealed from, rendered by the Arecibo Court on De-ecmber 2nd of the year last past, with costs. It is hereby ordered that the original thereof be complied with and executed; that a memorandum of the one now rendered be entered in the minute-book, and that a certified copy of said memorandum be forwarded to the Secretary of the Arecibo Court.

Messrs. Chief Justice Quiñones, and Associate Justices Hernández, Sulzbacher, and MacLeary, concurring.  