Flynn v. State

OPINION

Convicted by jury of forcible rape, battery with a deadly weapon, robbery, and burglary, appellant here contends (1) the evidence was not sufficient to sustain his conviction of either robbery or burglary, and (2) the district court erred in refusing to instruct the jury on the issue of consent as to the rape charge. We disagree.

Shortly before midnight on December 6, 1975, appellant Flynn and his accomplice, a man who has never been identified or arrested, assumed a position outside the apartment of Suzanne Wells. At approximately , 1:30 a.m. on December 7, 1975, when Ms. Wells left…