Draughn v. State

Plaintiff in error in this case, who will be-referred to as defendant, was convicted in the district court of 'Marshall county of rape, and sentenced to seven years in the penitentiary. He was prosecuted and convicted under subdivision 8, Section 2414, Revised Laws, 1910, which provides that rape is an act of sexual intercourse accomplished with a female, not the wife of the perpetrator:

“Where she submits under the belief that the person committing the act is her husband, and this belief is induced by artifice, pretense or concealment practiced by the accused, or by the accused in collusion…