DERR v. STATE

32596.

239 Ga. 582 (1977)

238 S.E.2d 355

DERR v. THE STATE.

Supreme Court of Georgia.

Decided September 7, 1977.


Attorney(s) appearing for the Case

Oehlert, Kermish, Labovitz, Marcus, Brazier & Rosenberg, Stephen A. Kermish, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Assistant District Attorney, Arthur K. Bolton, Attorney General, William B. Hill, Jr., for appellee.


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...

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