Mississippi Supreme Court October 15, 1903 (Anderson v. State)

Truly, J.,

delivered the opinion of the court.

Appellant was convicted of rape, and appeals. The first instruction for the state tells the jury that if they believe that the defendant forcibly and against the will of the prosecutrix carnally knew her, then he was guilty as charged, and the jury should so find; and “this is true whether you believe from the evidence that she made any active