Clark v. State

On Rehearing.

In the original opinion we held refused charge 4 to be invasive of the province of the jury, on the theory that there was evidence sufficient upon which the jury might have concluded that an act of sexual intercourse occurred between the parties, in a room adjacent to the one in which the first and second acts occurred. In this we are now convinced that this court was in error, for the reasons following:

The state by its testimony had fixed the first act of intercourse in a bed where two girls were sleeping, one of whom was Margaret Coker. Each act of carnal knowledge of a girl…