3. That the information imputes upon the accused the crime of Rape
with Homicide, the elements of which are as follows: (1) the accused
had carnal knowledge of a woman; (2) carnal knowledge of a woman
was achieved by means of force, threat or intimidation; and (3) by
reason or on occasion of such carnal knowledge by means of force,
threat or intimidation, the accused killed a woman;
4. That the information submitted by the prosecution alleges that:
5. That upon careful scrutiny of the information, the elements for the
crime of Rape with Homicide were not met. As alleged in the
information, the accused had carnal knowledge of the victim on the
occasion of the killing or only after the victims death, this being the
case the crime of Rape with Homicide is not properly established;
6. That given those circumstance, it is but only proper that at this stage
that the prosecution should be shut off as leading the Honorable
Court will only be burdened by baseless accusation not worthy of a
fuller examination;
7. All told, the accused herein respectfully submits that since the facts
as alleged in the information do not admit that the crime of Rape with
Homicide was committed, it is therefore but imperative that the
information be quashed as the facts as shown in the information does
not constitute the offense charged.
PRAYER
WHEREFORE, it is most respectfully beseeched of this Honorable Court
that the above arguments be considered and the information for the crime of
Rape with Homicide against the accused, Joel Yatar y Quiaoit, be quashed.
By:
Greetings!
Please submit the foregoing motion to the Honorable Court on March 24,
2017 at 8:30 in the morning for its favorable consideration and approval.