CASE DIGEST ON PEOPLE v. ERIÑA [50 Phil. 998 (1927)]
Facts: Julian Eriña charged of raping 3 yrs & 11 mo. old child. Doubt on whether actual penetration occurred. Physical exam showed slight inflammation of exterior parts of organ indicating effort to enter vagina. Mom found child’s organ covered with sticky substance
Issue: WON crime is consummated?
Held: No. Frustrated only
1. Possible for man’s organ to enter labia of a 3 years and 8 months old child (Kennedy v. State)
2. No conclusive evidence of penetration so give accused benefit of the doubt. Frustrated.
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