Stephenson v. State

CARR, Judge.

The accused was indicted and convicted on a -charge of raping Miss Loi-s Layton. T-he prosecutrix was 27 years of age and ■unmarried. At the time of the tri-al she was pregnant.

It is evincingly clear that the evidence fails to make out a -case o-f carnal knowledge by actual force. If the judgment of conviction can be sustained, it must be on the basis o-f the doctrine that the prosecutrix was so mentally impotent as to be incapable of consent and therefore neither a-ctual -force, beyond the mere force of penetration, nor actual resistance could become a material factual inquiry.

We…