Fitzpatrick v. State

OPINION

By the Court,

Zenoff, J.:

Michael Aridious Fitzpatrick was charged with forcible rape and also extorting $1,000 from the rape victim. He was convicted on both counts. He contends principally on appeal that although he denies having had intercourse with the prosecutrix, the circumstances she outlined did not constitute forcible rape assuming the act occurred.

The prosecutrix testified that she submitted to Fitzpatrick because of his representations that her fiance would be killed unless she met Fitzpatrick’s three wishes, to wit, (1) that she give him $1,000 in pennies, (2) she give him…