Brown v. State

1. Upon the trial of one under an indictment for rape, the court did not err (the evidence authorizing it) in instructing the jury: “If you believe and find from the evidence submitted in this case that the defendant now on trial had carnal knowledge of Penny Jones [the prosecutrix, and the wife of another], and that at the time she was asleep and not consenting, or having given the defendant any reason to believe she consented, and the sexual connection was against her will, the jury would be authorized to find that the act was one of rape. Carnal knowledge of a woman while she is asleep and…