State v. Barber

HOMEYER, Judge.

Defendant, Billy Gene Barber, appeals his conviction of the crime of rape in the second degree.

The information charged that on or about March 22, 1967, he wilfully, unlawfully and feloniously accomplished "an act of sexual intercourse with a female named Davine Shangreaux, she not being the wife of the defendant, she being- under the age of 18 years, to wit: 15 years of age, and she being prevented from resisting said act by threats of immediate and-great bodily harm accompanied by an apparent power of execution in violation of SDC 13.2801, * * *" The charge appears to have…