Jackson v. State

McMurray, Presiding Judge.

Defendant was indicted and convicted of the offense of rape. Defendant appeals. Held:

1. Code Ann. § 26-2001 (Ga. L. 1968, pp. 1249,1299; 1978, p. 3) provides in part that “[a] person commits rape when he has carnal knowledge of a female, forcibly and against her will. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ...” Defendant contends that there is no evidence of any penetration of the female sex organ of the victim by his male sex organ.

The state’s evidence was that the defendant forced himself upon the…