Radke v. State

It will be unnecessary to consider all the many errors complained of. The major ones will be taken up in the order of their importance :

1. That the evidence does not show the degree of force and violence necessary to constitute rape under the first count of the indictment, the defendant having been found not guilty of the second count, charging carnal knowledge with consent.

This involves the weight of the evidence, and it was clearly the province of the jury under proper instructions of the court, which are not here complained of, to consider and weigh the evidence. *401There was evidence…