Acórdão nº 97P713 de Supremo Tribunal de Justiça (Portugal), 25 de Setembro de 1997
Magistrado Responsável | COSTA PEREIRA |
Data da Resolução | 25 de Setembro de 1997 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL - RECURSOS. DIR CRIM - TEORIA GERAL.
Legislação Nacional: CPP87 ART410 N2 B C. CP95 ART70 ART71.
Sumário : I - Para que exista erro notório na apreciação da prova, terá de se tirar de um facto dado como provado uma conclusão logicamente inadmissível. II - Não existe qualquer absurdo lógico em dar como provada a posse do arguido de certas armas e munições e, ao mesmo tempo, dar-se como não provado que o mesmo soubesse que era proíbida a detenção dessas armas e munições. III - Julgado provado que a droga apreendida no decurso da busca feita no quarto da casa da habitação dos três arguidos e que era pertença do único que foi condenado e que este, desde, pelo menos há cerca de 2 anos, vendia aí droga a consumidores, droga essa por ele adquirida a pessoas não determinadas, apesar de ele naquele período trabalhar esporadicamente, vivendo da ajuda de um seu irmão - um dos arguidos absolvidos -, e julgando provado também que a imensa maioria dos objectos apreendidos no decurso da mesma busca e na mesma casa, foram obtidos pelo arguido condenado e ora recorrente em...
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