HARVEY v. STATE

No. 28,950.

232 Ind. 574 (1953)

114 N.E.2d 457

HARVEY v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied November 3, 1953.


Attorney(s) appearing for the Case

Burke & Burke, of Elkhart, and Harry S. Taylor, of South Bend, for appellant.

Edwin K. Steers, Attorney General, Owen S. Boling, Deputy Attorney General, (J. Emmett McManamon, former Attorney General, William T. McClain, former Deputy Attorney General,) for appellee.


EMMERT, J.

This is an appeal from a judgment on a verdict finding the appellant guilty of rape of a female child under the age of 16 years, for which he was sentenced to the Indiana State Prison for a term not less than two nor more than 21 years, as provided by § 10-4201, Burns' 1942 Replacement.

The affidavit charged the offense was committed on or about the 24th day of November 1951. The prosecutrix was then 13 years of age. To this affidavit the appellant...

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