State v. Bancroft

Bruce,' J.

(after stating the facts as above). The principal contention of appellant is that under the information and the evidence, but two forms of verdict should have been submitted to the jury; namely “guilty óf rape in the first degree,” and “not guilty.” He contends that under an information charging the accomplishment of rape in the first degree, by' force' álone, rape in the second degree, accomplished *444“by threats of immediate and great bodily harm, accompanied by apparent power of execution,” cannot be proved, or a conviction thereof be sustained. He calls attention to our statute,…