Deffenbaugh v. State

The appellant appeals from a conviction of rape, alleged to have b$en committed upon his daughter, Madrene Deffenbaugh, a few days after she arrived at the age of consent (18 years) by: (1) Overcoming her resistance by force and violence; and (2) in preventing resistance by threats of immediate and great bodily harm, accompanied by apparent power of execution. He claims that errors were committed in the course of his trial of such a damaging nature as to require the setting aside of the judgment of conviction.

The denial of his motion for an instructed verdict at the close of the State’s case,…