MARTIN ET AL. v. STATE

No. 30,773.

247 Ind. 592 (1966)

219 N.E.2d 902

MARTIN ET AL. v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed September 30, 1966.


Attorney(s) appearing for the Case

Ferdinand Samper, of Indianapolis, and C. Kent Carter, of Bloomington, for appellant.

John J. Dillon, Attorney General, and David S. Wedding, Deputy Attorney General, for appellee.


ARTERBURN, J.

Appellants and one Chester Hillenburg were tried and convicted of rape in the Monroe Circuit Court, and on March 10, 1961 were sentenced to the Indiana Reformatory for a term of two to twenty-one years.

Appellants thereafter, pursuant to Rules 2-40 and 2-40A, filed a petition for leave to file a belated motion for a new trial, which petition was denied on April 19, 1965. This ruling is before us on a...

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