Loescher v. State

The plaintiff in error, hereinafter called the -defendant, was convicted of the crime of rape upon a seventeen-year-old girl, sentenced to imprisonment for the term of ten years, and brings error. The main question before us for consideration is whether the evidence is sufficient to support the verdict of guilty. The contention of counsel for defendant is that the state failed to prove nonconsent or loss of volition and submission by reason of loss of volition.

The evidence produced tends to show that on the day in question, February 13, 1909, shortly after Y o’clock in the •evening, the…