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PEOPLE v. HENRY QUEIGAN

This case has been cited 1 times or more.

2001-11-22
YNARES-SANTIAGO, J.
While the qualifying circumstance of minority was alleged in the two Informations, accused-appellant's relationship with Angeline was not. The failure to allege in the information the relationship of the victim to the offender concurrently with the minority of the victim bars accused-appellant's conviction for rape in its qualified form. The requisite for the complete allegations on the particulars of the indictment is based on the right of the accused to be fully informed of the nature of the charges against him so that he may adequately prepare for his defense pursuant to the due process clause of the Constitution.[12]