United States v. Cover

Appellant has assigned eight errors for our consideration. We find no merit to errors I, II, III and VII. In light of our disposition of Assignments V and VI, we need not address error IV. Furthermore, because a rehearing may be ordered, it is premature to reach Assignment VIII, which *801asks us to test the sufficiency of the evidence to support appellant’s conviction of rape and communicating a threat.

While the obvious issue at trial was whether the sexual intercourse, which admittedly occurred, was the product of consent or force, the primordial question facing the triers of fact was who to…