Miller v. State

MORROW, Presiding Judge.

— Rape is the offense; punishment fixed at confinement in the penitentiary for a period of seven years.

This is the State’s theory: Anna Shipley, a girl seventeen years and ten months of age, while in an automobile with the appellant alone at night on a country road, was ravished by force. At the time they were sitting upon the front seat of the car, and the act was accomplished despite the ’utmost endeavor of the prosecutrix to prevent it.

It was the appellant’s theory that the act was committed with the consent and co-operation of the prosecutrix.

Both rape by force and…