People v. Matías Báez

Mr. Justice Martín,

with whom Mr. Justice Ramírez Bages and Mr. Justice Martínez Muñoz concur, dissenting.

San Juan, Puerto Rico, October 12, 1972

I take the liberty to dissent. The carnal union between appellant and the daughter of his half-brother is precisely the relation between uncle and niece which constitutes offense under § 275 of the Penal Code of Puerto Rico since they are in the third degree of consanguinity, that is, within the degree of consanguinity in which marriages are declared void by our law. 33 L.P.R.A. § 1115; 31 L.P.R.A. § 233(2).

Said § 275 of our Penal Code provides that:

“P…