Derr v. State

Hall, Justice.

Appellant, Robert Odell Derr, appeals from his conviction of rape and sentence of twenty years. He admitted the act of sexual intercourse; the sole issue was the question of consent.

1. We have carefully reviewed the evidence and find that it supports the verdict. Lack of resistance, induced by fear, is not legally cognizable consent but is force. Curtis v. State, 236 Ga. 362, 363 (223 SE2d 721) (1976).

2. The appellant contends that the trial court erred in allowing testimony of the outcry because when first approached by a police officer in the presence of the appellant, the…