State v. Robinson

Mark Robinson appeals from a judgment imposing a sentence of fifteen years' imprisonment.

Defendant was apprehended in the act of having intercourse, just immediately prior to "penetration," with a female of the age of twenty-five years but of the mentality of a child of eight years, classified as a lower type of moron. The case is presented here and, from the record, was tried nisi on the theory she did not possess capability of mind to consent to an act of intercourse. The evidence does not disclose the persons to be of different races or the use of any actual force. State v. Schlichter, 263…