Ritter v. State

• Decision Date: 01 July 1946
• Docket Number: No. 28142.,28142.
• Citation: 67 N.E.2d 530,224 Ind. 426
• Parties: RITTER v. STATE.
• Court: Indiana Supreme Court

224 Ind. 426

67 N.E.2d 530

RITTER

v.STATE.

No. 28142.

Supreme Court of Indiana.

July 1, 1946.

Charles E. Ritter was convicted of rape, and he appeals.

Affirmed.Appeal from Criminal Court, Lake County; William J. Murray, judge.

Oscar B. Thiel and Herman L. Key, both of Gary, for appellant.

James A. Emmert, Atty. Gen. and Frank E. Coughlin, First Asst. Atty. Gen., for appellee.

O'MALLEY, Judge.

The appellant was convicted of rape in the Lake Criminal Court under Sec. 10-4201, Burns' 1942 Replacement.

The sufficiency of the evidence to sustain the decision of the lower court is the only question presented.The evidence is conflicting, some witnesses testifying that the act of the appellant was committed against the will of the prosecuting witness and with force, and some that the act was committed with the acquiescence and assistance of the complaining girl.

We have been requested to determine as a matter of law that the act complained of could not be consummated under the conditions existing.That we are unwilling to do.It is sufficient if a woman, in good faith, uses reasonable resistance.The authorities do not hold that she must use all the physical force of which she is capable.The amount and extent of the resistance necessary to show that the act was committed against her will presents a question of fact.Rahke v. State, 1907, 168 Ind. 615, 623, 81 N.E. 584, 587.

In this courtwe examine the evidence to ascertain whether or not there was evidence from which the court could determine that the act of which complaint was made was committed by force and against the will of the prosecuting witness.Under the evidence different...