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RIGGS v. STATE

No. 29,545.

237 Ind. 629 (1958)

147 N.E.2d 579

RIGGS v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed February 6, 1958.

Attorney(s) appearing for the Case

Randolph H. Mayes, of Terre Haute, for appellant.

Edwin K. Steers, Attorney General, Owen S. Boling and Merl M. Wall, Deputy Attorneys General, for appellee.

BOBBITT, J.

On June 4, 1954 appellant was charged by affidavit with rape of a child under the age of 16 years under Acts 1941, ch. 148, § 3, p. 447, being § 10-4201, Burns' 1946 Replacement. He was tried on December 29, 1954 by the court, without the intervention of a jury, found guilty and sentenced to the Indiana State Prison for a term of 2 to 21 years. This judgment was reversed and a new trial ordered on appeal from the denial of a writ of error

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