People v. Tollack

VALLÉE, J.

Defendant was convicted by a jury of forcible rape. He appeals from the judgment and the order denying his motion for a new trial. The information charged defendant with having committed the act with force and violence, without the consent and against the will of the prosecutrix, and that she resisted the accomplishment of the act, but her resistance was overcome by force and violence.

Defendant admitted the act. He claims that the evidence does not support the verdict in that there was no evidence that the prosecutrix resisted but her resistance was overcome by force or violence, or…