Smith v. State

Defendant was convicted of rape under Acts of 1941, ch. 148, § 3, (1956 Repl.) Burns’ 10-4201, in that he did “* * * unlawfully and feloniously have carnal knowledge of * * the complaining witness, “* * * a woman, forcibly and against her will. * * The appeal is predicated upon the sufficiency of the evidence, and the further charge by the defendant that he was inebriated to the extent of being incapable of either the act of sexual intercourse or of the specific intent for the rape.

The evidence disclosed that the complaining witness voluntarily entered the vehicle operated by one Rubin, in…