Brown v. State

Banke, Chief Judge.

The appellant appeals the denial of his motion for new trial following his conviction of rape.

The factual setting of this case is unusual to the point of being bizarre. The appellant and the victim had been living together for approximately a year and a half, when she suffered a brain injury as the result of a motor vehicle accident and lapsed into a coma from which she has apparently never recovered. The appellant admits that one night several weeks after the accident he had sexual relations with the victim as she lay comatose in her hospital bed. His “defense” to the…