People v. Bales

The defendant was charged with forcible rape and, in a second count, as a different oflense but connected in its commission with the first, with the crime of kid naping in that he forcibly took the same woman from the intersection of two streets in the town of Westmorland to a point about one and a half miles away. A jury, found him guilty on the first count and not guilty on the second count. .This appeal followed.

The appellant contends (1) that his conviction under the rape charge is a nullity as being inconsistent with his acquittal on the kidnaping charge, since the same unlawful force is…