Paul v. State

Accepting as correct the justifiable conclusion of the majority that the confession of the defendant introduced in evidence was freely and voluntarily given and accepting as true every statement made by the defendant in that confession and the testimony of the prosecuting witness, the sum of such evidence is, in my opinion, legally insufficient to establish the guilt of the defendant of the crime of rape under the statutes of this State and the numerous decisions of this Court on the subject. The essential element of force is wholly lacking.1 There is not even any contention of physical force…