People v. Carter

MR. PRESIDING JUSTICE ENGLISH

delivered the

opinion of the court.

Offense Charged Rape.1

Defense at Trial

The act committed was neither forcible nor against the will of the prosecutrix.

Judgment

After a bench trial, the court found defendant guilty and imposed a sentence of twelve years.

Points Raised on Appeal 2(1) The evidence was insufficient, since there was no corroboration of the material elements of force and lack of consent.(2) The requisite mental capacity and intent were not established.

Evidence

Testimony of State Witnesses

Prosecutrix, Mrs. Bernetta Mann

At about noon on July 30, 1961, she…