Brown v. State

Three issues are raised in this review:

1. Was the evidence adduced at trial sufficient to support the conviction for rape ?

2. Did the trial court err in refusing to give an instruction requested by defendant which required, for there to be rape, fear of imminent physical violence which rendered, the rape victim incapable of resisting?

3. Did the trial court err in failing to instruct the jury that intent to have intercourse by force and against the victim’s will is an essential element of the crime of rape?

I. Sufficiency of the evidence.

As is almost always the case in a trial of a rape case,…