Questão jurídica principal
Whether the cantonally established facts were manifestly incorrect or arbitrary, violating the presumption of innocence.
Decisão extraída
No. The evidence as a whole supported the finding that the victim was unconscious and totally unable to resist.
Fundamentação extraída
The court relied on converging indications, especially the witness account of severe intoxication, somnolence, lack of reaction, the victim’s state upon waking, and the defendant’s own inconsistent statements; the appellant’s alternative version was merely his own account.