State v. Pierson

SHANGLER, Judge.

The defendant Pierson was convicted by a jury for the forcible rape of the female DM and was sentenced to imprisonment for a term of five years. The defendant contends on appeal that the jury was not properly instructed.

The evidence was that the female DM was in the company of five males, the defendant Pierson and one Mercer among them. The defendant Pierson admitted to the act of sexual conjugation with DM but denies he used force or threat for that accomplishment. There was no evidence that any conduct of the defendant Pierson put DM in fear of harm or that she submitted to…