State v. Miller

The critical issue in this case is whether the acts of intercourse (which the witness and all defendants admitted) were by force and against the will of Ribbie Parham as she testified, or with her consent as each of the defendants testified. The jury heard the witnesses and observed their demeanor, and returned verdicts “guilty of assault with intent to commit rape.” The verdicts are conclusive unless the court, during the trial, committed prejudicial error.

The court instructed the jury to consider five possible verdicts: (1) rape; (2) rape with a recommendation that punishment should be…