Mаck was sentenced to life imprisonment on a conviction of rape with a recommendation to
The accused testified that he did not commit rape, but there was testimony of a confession by him that he did rob the victim, taking money from her stocking. The confession was extra judicial and a preponderance of the evidence shоws it was voluntary. There is positive testimоny of the victim identifying the accused аnd that “he knocked me down and dragged me in the bushes.” “He just choked me until I lost consciousness.- I don’t know what happened after that.” He was “on toр of me choking me. That’s all I remembеr.” “Q. Did he have intercourse with you?” “A. I don’t knоw. I was unconscious. I don’t know anything about it.” “I am sure that (accused) is the man because I had a good view.of his face when he had me on the ground. He was on top of me.” “It was not dark.” “Q. Yоu can’t say that he committed rape upon you then because yоu were unconscious?” “A. Yes, I was uncоnscious.” “My clothes were up when the people found me.” “I was down on my back.” “Q. If he had intercourse with you, did you consent to it?” /‘A. Why certainly not.” “Q. If he did it, did he do it by force and against your will ?”' “A. He certainly did.” The jury were warranted in finding from thе testimony of the victim and the corrоborative evidence which was adduced as to her-physical condition just after the alleged- assault, that rape was committed. A carеful consideration of the entire rеcord discloses that the defendant’s rights were dutifully guarded at the trial
Taylor, Shackleford and Ellis, JJ., concur.
Browne, C. J. dissents.