Jones v. State

Lumpkin, P. J., and Little, J.,

dissenting. We think the •evidence in this case, taken all together, shows too strongly both physical and mental capacity on the part of the female to consent to sexual intercourse to warrant a finding to the contrary. We also think that the evidence, as a whole, shows that she did not really resist the accused, and that her conduct •amounted to consent. For these reasons, we are of the opinion that the verdict was contrary to law, and should be set aside.