This case has been cited 1 times or more.
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2012-11-14 |
DEL CASTILLO, J. |
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| The Information in this case did not specify with certainty whether appellant committed the rape through sexual intercourse under paragraph 1 of Article 266-A, or rape by sexual assault as described in paragraph 2 thereof. The Information stated that appellant inserted his penis into the genital of "AAA," which constituted rape by sexual intercourse under the first paragraph of Article 266-A. At the same time, the Information alleged that appellant used force and intimidation to commit an act of sexual assault. While these allegations cause ambiguity, they only pertain to the mode or manner of how the rape was committed and the same do not invalidate the Information or result in the automatic dismissal of the case. "[W]here an offense may be committed in any of the different modes and the offense is alleged to have been committed in two or more modes specified, the indictment is sufficient, notwithstanding the fact that the different means of committing the same offense are prohibited by separate sections of the statute. The allegation in the information of the various ways of committing the offense should be regarded as a description of only one offense and the information is not thereby rendered defective on the ground of multifariousness."[17] Any objection from the appellant with respect to the Information is held to have been waived failing any effort to oppose the same before trial.[18] He therefore can be convicted of rape through sexual intercourse or rape by sexual assault, depending on the evidence adduced during trial. | |||||