Teague v. State

Atkinson, Presiding Justice.

(After stating the foregoing facts.) Ground one of the amended motion alleges error in the refusal of the court to charge a written request, as follows: “Rape is not complete if the element of force is lacking, although the sexual act may have been done against the will of the female. It must not only be against her will, but force must be used to overcome her resistance and her will. If she consents to the sexual act at any time, the crime of rape cannot be found against the defendants. There can be no rape if there be any kind of consent. It matters not how this…