Curtis v. State

Hall, Justice.

The primary issue in this appeal from Curtis’ conviction of rape and sentence of eight years is presented by his claim that the rape victim’s admission on cross examination that "once” during the attack she moved in such a way as to assist the intercourse in some unexplained fashion, conclusively shows that she consented, and rape was as a matter of law not proved. We reject this contention and disapprove the archaic language in prior decisions on which this contention is seemingly based.

1. The evidence before the jury was ample to identify Curtis as the man who intruded into…