MARTIN v. STATE

No. 30,122.

246 Ind. 43 (1964)

201 N.E.2d 42

MARTIN v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied December 7, 1964.


Attorney(s) appearing for the Case

Mellen & Mellen of Bedford, and William C. Erbecker, of Indianapolis, for Appellant Martin.

Norman J. Neely of Bloomington, for Appellant Axsom.

Edwin K. Steers, Attorney General, and Carl E. Van Dorn, Deputy Attorney General, for appellee.


MYERS, J.

This is an action based upon an affidavit in two counts filed in the Monroe Circuit Court, Monroe County, Indiana, charging appellants and one Chester Hillenburg with the crime of assault and battery with intent to commit rape and the crime of rape. Appellants filed an amended motion to quash each count of the affidavit which was overruled. Thereafter, they entered a plea of not guilty.

The issues were tried by jury in the Monroe Circuit Court on...

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