State v. Greenstein

Taylor, O.

The defendant was convicted of the crime of rape and appealed from an order denying a new trial.

The only question presented is whether the evidence justified the jury in finding that the prosecutrix had resisted to the extent requisite for the act to constitute rape.

The prosecutrix, who was a telephone operator, and another girl, who was employed by a candy company, roomed together in ’ an apartment building in Minneapolis. The other girl had been ill in bed for two or three weeks. About 2 o’clock in the morning of Saturday March 15, 1924, defendant and a man named Krostick rapped…