Mitchell v. State

Jenkins, Justice.

1. The verdict of guilty of rape, with a recommendation to mercy and a sentence of ten years imprisonment, was authorized by the testimony of the alleged victim, corroborated by other testimony.

2. While it is true that a female over fourteen years of age is presumed to possess sufficient mental capacity to intelligently consent to or dissent from an act of sexual intercourse, and that where in a rape case one of the contentions of the State is that a woman above that age did not possess such intelligence, the burden rests on the State to establish this fact (Smith v. State,…