State v. Burell

While defendant assigns as error the overruling of his general motions for judgment of nonsuit, he does not contend that the case should have been dismissed in its entirety but that the evidence was insufficient to support a conviction for rape. Upon this premise, defendant asserts that, although he was not convicted of rape, the submission of the case as to rape constitutes prejudicial error.

The testimony of the prosecutrix is to the effect that defendant, forcibly andi against her will, penetrated her sexual organ “half-way” with his sexual organ; that, when he took his hand from her mouth,…