State v. Campbell

Appeal from Greene Criminal Court. — Ron. A. W. Lincoln, Judge. (A) On the whole evidence, the trial court should have directed an acquittal, and the judgment of this court should be a discharge of the defendant, because there is no substantial evidence to sustain the verdict. To constitute the crime of rape, a penetration must be shown, and this penetration must be accomplished by force and violence sufficient to overcome the utmost resistance of the prosecutrix, or the penetration, in the absence of force and violence, must be accomplished by fear or threats, dispensing with and excusing…