Thomas v. State

The appellants were convicted of rape in the Marshall Circuit Court, under § 10-4201, Burns’ 1942 Replacement.

The only errors assigned were:

1. The verdict of the jury is not sustained by sufficient evidence.

2. The verdict of the jury is contrary to law.

The appellant, Herman Gerald McCan, dismissed his appeal.

The sufficiency of the evidence to sustain the decision of the lower court is the only question presented.

The evidence most favorable to the appellee was substantially as follows:

The act was consummated and the prosecuting witness did not consent to it; she slapped and scratched the…