McNairy v. State

OPINION

MORRISON, Judge.

Rape is the offense; the punishment, fifty (50) years.

Appellant presents one ground of error on appeal. Appellant was indicted for rape by force, threats and fraud. We overrule his contention that the evidence is insufficient to sustain the conviction because the proof failed to show that the prosecutrix was threatened in such manner as to reasonably create a just fear of death or great bodily harm or that she made every reasonable effort to resist.

Appellant takes the position that for there to be rape by force, the prosecutrix, as a matter of law, must use every…