Brown v. State

GARDNER, Justice.

The appeal is from a conviction for rape with the imposition of the death penalty. The defendant was positively identified by his alleged victim, who testifies that he took her about seven o’clock in the evening into the woods a few blocks from the street, and accomplished his purpose by means of a drawn pistol placed at her side and with threats to kill. As he pushed her down he still had the gun drawn .on her.

The argument of defendant’s counsel that the record discloses no force and, therefore, insufficient to show the crime of rape, is fully answered by the foregoing facts…