Spaulding v. State

Defendant (Appellant) was charged by way of information with the commission of a felony while armed, to-wit: rape. He was tried by a jury, found guilty and sentenced to the Indiana Department of Corrections for a period of twenty (20) years. He presents the following issues on appeal:(1) Whether the trial court committed reversible error in refusing to give defendant’s tendered instruction No. 2 which related to the degree of resistance required of a woman to render sexual intercourse a rape.(2) Whether the trial court committed reversible error in giving State’s tendered instruction No. 1…