Allison v. State

This is an appeal from a conviction of rape without a recommendation of mercy by a jury under 11 Del.C. § 781. The appeal charges that the State failed to prove all essential elements of the crime of rape.

The victim testified that on December 4, 1968, she parked her car in front of her house on Lombard Street in Wilmington. The appellant came up behind her, put a knife to her throat and forced her into an alley nearby. In the alley her belt was taken from her; her clothing was torn, and her slacks pulled down, and she was forced to submit to sexual intercourse, during which both of the…