Practice question
A homicide information contains no allegation of the victim’s dwelling or any corresponding circumstance. The prosecutor seeks a dwelling aggravation solely by calling it generic. Which is correct?
- Every generic circumstance is automatically included.
- Generic classification does not dispense with the required allegation.
- A witness may amend the information by testifying.
- The court must add every possible circumstance itself.
- The accused must allege the prosecutor’s desired aggravations.
Legal references
- Rules of Court, Rule 110, Sections 7-15; Rule 116, Section 9; Rule 117, Sections 3(f) and 9; Rule 120, Section 3, as relevant: https://lawphil.net/courts/rules/rc_110-127_crim.html
Answer this question in flashcards to review your response and continue practicing.