Legal Opinion

State v. Bernatchez

Supreme Judicial Court of Maine

Decided August 21, 1963PublishedCited by 7 opinions

1Opinion of the CourtMarden, J.

On appeal. The respondent was found guilty of rape and appeals from the denial of a motion for a new trial.

Respondent saved two exceptions during the trial, which exceptions are expressly waived.

The issue before us is whether in view of the record, the jury was justified in believing beyond a reasonable doubt that the respondent was guilty, State v. Dipietrantonio, 152 Me. 41, 54, 122 A. (2nd) 414, — of carnal knowledge of the prosecutrix, by force and against her will. Carnal knowledge is synonymous with sexual intercourse, 44 Am. Jur., Rape, § 2, and, by definition, sexual intercourse, as…

2Cases cited3 opinions

  1. State v. DipietrantonioSupreme Judicial Court of Maine · 1956
  2. State v. WheelerSupreme Judicial Court of Maine · 1954
  3. State v. FieldSupreme Judicial Court of Maine · 1961

3Cited by7 opinions

  1. State v. RundlettSupreme Judicial Court of Maine · 1978
  2. George Rundlett v. Richard Oliver, and State of MaineCourt of Appeals for the First Circuit · 1979
  3. State v. BeySupreme Judicial Court of Maine · 1965
  4. State v. McFarlandSupreme Judicial Court of Maine · 1977
  5. State v. DavisSupreme Court of New Hampshire · 1967

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