CARR, Judge.
The accused was indicted and convicted on a charge of raping Miss Lois Layton. The prosecutrix was 27 years of age and unmarried. At the time of the trial she was pregnant.
It is evincingly clear that the evidence fails to make out a case of carnal knowledge by actual force. If the judgment of conviction can be sustained, it must be on the basis of the doctrine that the prosecutrix was so mentally impotent as to be incapable of consent and therefore...
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