LSaF

Question

Alvin and Dennis together with a John Doe, who remained unidentified and at large, were charged with the crime of rape. The information reads: "Alvin, Dennis, and John Doe, through force, violence, and intimidation, conspiring together and mutually helping one another, did then and there, willfully, unlawfully and feloniously have carnal knowledge of AAA and took turns raping her, by inserting their penises into the vagina of AAA, to her damage and prejudice." At the trial, the prosecution established that the rapes were committed in the following order: first by Alvin, second by Dennis, third by John Doe, and fourth by Alvin again. The trial court convicted Alvin and Dennis of three counts of rape to the exclusion of the rape that John Doe committed. Is the judgment of conviction correct as to the number of rapes? Explain. (2024 BAR)

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