This case has been cited 1 times or more.
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2004-07-06 |
TINGA, J, |
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| However, the failure to plead these circumstances in the Information does not affect its sufficiency and validity as to the charge of simple rape, since the Information alleges facts which would warrant a conclusion that appellant sexually violated Jessica with its imputation therein of "carnal knowledge" "by means of force, violence and intimidation," the gravamen of the crime of rape. Carnal knowledge has a definite meaning in law; it is synonymous with sexual intercourse.[39] There could not have been any mistaking the charge for any other offense and hence, the appellant was not deprived of due process by the manner by which the Information was crafted. An accused may be convicted of a crime and sentenced to a penalty prescribed therefor so long as the facts alleged in the information and proved at the trial shall constitute the crime for which he is convicted even though different from the crime designated and charted in the said information.[40] | |||||