Huber v. State

— The appellant was adjudged guilty of the crime of rape, and from that judgment prosecutes this appeal. There is evidence making it clear, beyond doubt, that the sexual intercourse charged in the indictment took place; but, while there is evidence warranting the conclusion that the act was forcibly committed, still the evidence is not of such a character as will justify us in sustaining the judgment, notwithstanding the intervention of erroneous rulings upon questions of evidence. In order to make out the crime of rape it is essential that the State should show, beyond a reasonable doubt,…