Merritt v. State

Duckworth, Justice.

“Kape is the carnal knowledge of a female, forcibly and against her will.” Code, § 26-1301. The assignment of error with which we are to deal raises the sole question of the sufficiency of the evidence to support the verdict. It can hardly be questioned that the testimony of the alleged victim makes a case of rape. She gives positive testimony that the defendant had sexual intercourse with her in Spalding County, as alleged in the indictment, forcibly, against her will, and without her consent. The burden of the argument of counsel for the defendant in this court is that…