State v. Kahunahana

Defendants were indicted, tried and convicted by a jury in the First Circuit Court of the crime of rape.

*385The principal question raised by this appeal is whether the trial court should have instructed the jury that “in order to conclude a rape occurred there must be not only an entire absence of mental consent or assent, but there must be the most vehement exercise of every physical means or faculty within the woman’s power to resist,” or whether it was sufficient that the jury was instructed that “the degree of resistance on the part of the female must be proportionate to the outrage, and the…