People v. Vázquez Sandoval

Mr. Justice Pérez Pimentel

delivered the opinion of the Court.

The appellant was accused, tried before a jury, and sentenced for the crime of rape, consisting in that... “he unlawfully, maliciously, and criminally, had carnal intercourse by force and violence, without her consent, with Maria Núñez Rodriguez, who was not.. .his wife and who showed resistance, but was overcome by the force and violence employed by the defendant.”

Before the date set for trial the defendant filed a motion to dismiss upon the ground of his immunity under Act No. 13 of April 9, 1941 (Sess. Laws p. 346) because, as he…