Torbert v. State

MORRISON, Presiding Judge.

The offense is rape by force; the punishment, five years.

The sufficiency of the evidence to support the jury’s finding that the act was committed by the use of such force “as might reasonably be supposed sufficient to overcome resistance, taking into consideration the relative strength of the parties and other circumstances of the case,” as defined by Article 1184, Vernon’s Ann.P.C., is strenuously challenged and has given this Court deep concern.

Appellant relies upon the rule as set forth in 35 Texas Jurisprudence, section 60, page 848. Attention is directed to the…