State v. Bird

[38]

HYDE, J.

Conviction for rape; defendant sentenced to two years’ imprisonment, and has appealed.

Defendant and one Golden were tried and convicted- together but Golden did not appeal. It is contended herein that a verdict should have been directed as to defendant. It is argued that no case was made against him either on the theory of aiding and abetting Golden in his rape or of his own forcible intercourse with the prosecuting witness, both of which were submitted. We find there was substantial evidence to support both submissions. Both defendant and Golden admitted having intercourse with…