State v. Running

Pee, Cueiam.

Defendant was convicted in tbe district court of Grand Forks county of rape in tbe first degree, and appeals from tbe judgment of conviction.

Tbe questions raised by appellant involve a consideration of tbe following statutory provisions:

“Rape is an act of sexual intercourse, accomplished with a female not tbe wife of tbe perpetrator, under either of tbe following circumstances :

1. When tbe female is under tbe age of eighteen years.

2. When she is incapable, through lunacy or any other unsoundness of mind, whether temporary or permanent, of giving legal consent.

3. When she resists,…