State v. Whitmore

Daniel Whitmore, Jr., was convicted of the crime of rape, under an information charging that the act was committed “by violence and force,” and against the will and consent of his victim; he has appealed from the judgment.

It is first asserted that the information is insufficient in that it does not allege that the girl assaulted resisted and that her resistance was overcome by force and violence.

Rape is defined as “an act of sexual intercourse, accomplished with a female, not the wife of the perpetrator: * * * 1. When the female is under” the age of consent; (2) where she is incapable of…