Ritter v. State

The appellant was convicted of rape in the Lake Criminal Court under § 10-4201, Burns’ 1942 Replacement.

The sufficiency of the evidence to sustain the decision of the lower court is the only question presented. The evidence is conflicting, some witnesses testifying that the act of the appellant was committed against the will of the prosecuting witness and with force, and some that the act was committed with the acquiescence and assistance of the complaining girl.

We have been requested to determine as a matter of law that the act complained of could not be consummated under the conditions…