90.CANAL ZONE v. WRIGHT et al.

verdict of the court was contrary to the law and the evidence. On examination of the agreed statement of facts, the Court finds that the verdict was supported by the evidence.
The second point raised is "that the Court did not wait the usual two days between the rendering of the verdict and the passing of judgment upon the defendants." The record shows that they were found guilty and sentenced upon the same day. Section 224 of Act No. 15, provides that after verdict of guilty, if the judgment be not arrested or a new trial granted, the Court must appoint a time for pronouncing judgment, which, in cases of felony, must be at least two days after the verdict, if the Court intend to remain in. session so long; but if not, then at as remote a time as can reasonably be allowed. This objection cannot be considered by the Court, as no exception was taken to the action of the Court at the time judgment was rendered, which should have been done if the defendants desired to avail themselves, for any cause, of the provisions of the statute. We do not regard the statute as mandatory upon the trial judge unless the same is invoked by the defendants.
Had the laws of the Canal Zone permitted the information to be filed in this cause for malicious mischief, making the offense proven a misdemeanor, the punishment might have been made lighter, but as the information was drawn as it is and the law is as it is, if the defendants were found guilty, the smallest sentence they could receive would be one year each in the penitentiary. Intent is an ingredient in every crime, but intent may be presumed from the acts of the accused. Had a man taken a horse of another and driven it three or four miles, without his knowledge or consent, and been apprehended with the horse in his possession, it would hardly be contended that he had not a larcenous intent. Whatever the intent of the defendants might be as to ultimate disposition of the car, their appropriation and deportation of the same was an act so reprehensible and dangerous as to merit the punishment imposed when all the possibilities of their act were considered. The Court takes judicial cognizance of the construction and curvature of the tracks of the Panamd Railroad Company. Trains run

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1906.