People v. Holmes

Respondent was convicted of rape. At the time of the alleged offense he was 18 years of age and the prosecutrix was a few months younger. He admitted the intercourse but denied the other factors that make up the crime, that the act had been by force and against the will of the prosecutrix. Penal Code (Act No. 328, § 520, Pub. Acts 1931 [Stat. Ann. § 28.788]).

The prosecuting witness was unquestionably of good moral character. She had recently graduated from high school and had taken a temporary position in the home of respondent's aunt and uncle to assist in the household duties. The house…