Simmons v. State

Simmons, Chief Justice.

The evidence in this case makes at best a weak and unsatisfactory case upon the question whether or not the al*700leged sexual intercourse took place at all; and if it did take place 'as alleged, 'the evidence relied on bo show -that it was against the will of the female is by no means clear or conclusive. According to her testimony, it took place in the house of the 'accused, where she and her father boarded. lie 'threw her upon a bed, and she submitted to the connection without 'any struggle ’or 'attempt at physical resistance. She stated that it hurt her, and she cried…