Cokeley v. State

DAVIDSON, Presiding Judge.

This conviction was for rape with a life sentence imposed. The indictment charges that rape was committed upon a mentally unsound woman, and this by appropriate averments. To meet this it was requisite for the State to show, first, the act of intercourse by appellant, and, second, that prosecutrix was mentally unsound at the time. If the State failed to prove either fact beyond a reasonable doubt an acquittal should result. The evidence, therefore, must show that prosecutrix was mentally unsound, and that she had intercourse with defendant. If she was not mentally…