CURTIS v. STATE

30755.

236 Ga. 362 (1976)

223 S.E.2d 721

CURTIS v. THE STATE.

Supreme Court of Georgia.

Decided February 24, 1976.


Attorney(s) appearing for the Case

Charles C. Osbun, Robert J. Duffy, for appellant.

Andrew J. Ryan, Jr., District Attorney, William H. McAbee, II, Assistant District Attorney, Arthur K. Bolton, Attorney General, Kirby G. Atkinson, Staff Assistant Attorney General, for appellee.


HALL, Justice.

The primary issue in this appeal from Curtis' conviction of rape and sentence of eight years is presented by his claim that the rape victim's admission on cross examination that "once" during the attack she moved in such a way as to assist the intercourse in some unexplained fashion, conclusively shows that she consented, and rape was as a matter of law not proved. We reject this contention and disapprove the archaic language in prior decisions on which...

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