Mills v. United States

On the trial of a person accused of rape, the court, in charging the jury, said: "The fact is that all the force that need be exercised, If there is no consent, is the force incident to the commission of the act. If there is non-consent of the woman, the force, I say, incident to the commis- [p645] sion of the crime is all the force that is required to make out this element of the crime." Held, that this charge covered the case where no threats were made; where no active resistance was overcome; where the woman was not unconscious; where there was simply non-consent on her part and no real resistance; and that such non-consent was not enough to constitute the crime of rape.

THE case is stated in the opinion.

No appearance for plaintiff in error.

Mr. Assistant Attorney General Dickinson for defendants in error.

MR. JUSTICE PECKHAM delivered the opinion of the court.