Jackson v. State

NICHOLS, Justice.

The defendant was indicted upon a two count indictment charging him and another named defendant with rape. The jury returned a verdict of guilty as to both defendants on Count 1 of the indictment and not guilty on Count 2. The appeal is from the conviction and the sole enumeration of error contends that the evidence did not authorize the verdict.

The evidence showed without dispute that the defendant and his accomplice both had sexual intercourse with the prosecutrix. The defendants both testified under oath that the prosecutrix willingly submitted to the intercourse, while…