Torbert v. State

The majority of the court remain convinced that the appeal was properly disposed of on original submission.

I cannot agree to the affirmance of this conviction under the admissions of the prosecutrix and her testimony as to how this alleged act of rape by force was perpetrated.

This is not a conviction for rape by threats. It is a conviction for rape by force.

The female in a case of rape is not required to resist her attacker to the point of destroying herself, but she must put forth some resistance against such force used by the appellant “as might reasonably be supposed sufficient to overcome…