The information in the case only mentioned appellant as AAA’s uncle,
without specifically stating that he is a relative within the third civil degree,
either by affinity or consanguinity.
Even granting that during trial it
was proved that the relationship was within the third civil degree either of
consanguinity or affinity, still such proof cannot be appreciated because
appellant would thereby be denied of his right to be informed of the nature and
cause of the accusation against him.
Appellant cannot be charged with committing the crime of
rape in its simple form and then be tried and convicted of rape in
its qualified form. Thus, the Court of Appeals correctly
disregarded the qualifying circumstances of relationship.
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