People v. Palmer

The defendant was convicted by a jury of rape 1 and breaking and entering with intent to commit rape. 2 On appeal he challenges the sufficiency of evidence of resistance to sustain the rape conviction. The other claimed errors all involve the defense of alibi.

The testimony of the complaining witnesses on the resistance issue may be summarized as follows. On March 4, 1971, she, her husband, and their 1-1/2-year-old son lived in a single-family dwelling house. Her husband was at work and she was home alone with the child. About 3 a.m. she was awakened by a naked man climbing into her bed. The…