Ritter v. State, 28142.
| Docket Nº | No. 28142. |
| Citation | 67 N.E.2d 530, 224 Ind. 426 |
| Case Date | July 01, 1946 |
| Court | Supreme Court of Indiana |
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 court we 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 courts might reach different conclusions. However, the weight of the evidence, the credibility of the witnesses and the ultimate guilt or innocence of the appellant, presented a question for the determination of the trial court. There was evidence from which the court could find that the appellant was guilty of the crime charged in the affidavit, therefore we should not consider evidence to the contrary. Fiedler v. State, 1939, 215 Ind. 53, 18 N.E.2d 384.
No reversible error has been shown, and the judgment of the trial court is affirmed.
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Wedmore v. State, No. 29377
...for the jury, and this rule applies in an action for rape. Liechty v. State, 1930, 202 Ind. 66, 74, 169 N.E. 446; Ritter v. State, 1946, 224 Ind. 426, 427, 67 N.E.2d It is not within the power of this court to determine the credibility of a witness or to say when a witness is telling the tr......
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Lottie v. State, No. 779S200
...was expressly approved in Rahke v. State, (1907) 168 Ind. 615, 81 N.E. 584, and reaffirmed in the cases of Ritter v. State, (1946) 224 Ind. 426, 67 N.E.2d 530 and Thomas v. State, (1949) 227 Ind. 42, 45, 83 N.E.2d 788. There was no error in the giving of this In preliminary and in final ins......
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Stowers v. State, No. 1176S373
...Appellant contends that the instruction is a correct statement of the law relying upon this Court's opinions in Ritter v. State (1946), 224 Ind. 426, 67 N.E.2d 530, and Carroll v. State, supra. We do not agree. The requirement of proof of reasonable resistance is to be found in opinions of ......
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Dombkowski v. State, No. 30695
...and the ultimate guilt or innocence of the accused present a question for the determination of the trial jury. Ritter v. State (1946), 224 Ind. 426, 67 N.E.2d 530.' Montgomery v. State (1967), Ind., 229 N.E.2d It is manifest that if the jury believed the witness-victim and were warranted in......
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Grimm v. State, 868
...and the ultimate guilt or innocence of the accused present a question for the determination of the trial jury. Ritter v. State (1946), 224 Ind. 426, 67 N.E.2d Therefore, since the determination of credibility of the witness and the weight of the evidence devolves upon the trier of the facts......
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Thomas v. State, 28475.
...of her father, to the police and the prosecuting attorney. This evidence was ample to support the verdict. In Ritter v. State, 1946, 224 Ind. 426, 427, 428, 67 N.E.2d 530, the court said: 'In this court we examine the evidence to ascertain whether or not there was evidence from which the co......
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Buchanan v. State, 3--675A104
...is a question of fact and is to be determined in light of the surrounding circumstances in each individual case. Ritter v. State (1946), 224 Ind. 426, 67 N.E.2d 530. It has been stated that 'the required resistance need not take the form of an actual attempt to escape or to fight off the at......
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Thomas v. State, 28475.
...of her father, to the police and the prosecuting attorney. This evidence was ample to support the verdict. In Ritter v. State, 1946, 224 Ind. 426, 427, 428, 67 N.E.2d 530, the court said: ‘In this court we examine the evidence to ascertain whether or not there was evidence from which the co......