People v. Barnes

Opinion

BIRD, C. J.

Was the Court of Appeal correct in relying on a rape complainant’s lack of “measurable resistance” to overturn convictions of rape and false imprisonment as unsupported by sufficient evidence?

I

Since the sufficiency of evidence to support the convictions is in issue, it is necessary to present a somewhat detailed statement of the factual circumstances of this case.

Marsha M. had known appellant about four years as of May of 1982. They were neighbors and acquaintances. She had been to his house briefly once before to buy some marijuana. A couple of weeks before the present…