Shirley v. State

Birdsong, Judge.

Perry Leon Shirley was convicted by a jury of the crimes of rape and kidnapping. His motion for new trial was denied, and he now appeals, enumerating eight alleged errors. Held:

1. In Enumerations 1, 2, 3, and 5, Shirley contends that the evidence does not support the charges because the victim willingly accompanied him and consented to the admitted acts of intercourse. There was evidence that appellant threatened to use a pistol if the victim did not accompany him and she explained her lack of outcry and minimal resistance to the fear of death from the pistol. Shirley denied…