STUTZMAN v. STATE

No. 30,950.

250 Ind. 467 (1968)

235 N.E.2d 186

STUTZMAN v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied May 29, 1968.


Attorney(s) appearing for the Case

J. Chester Allen, Allen & Allen, of South Bend, for appellant.

John J. Dillon, Attorney General, Ronald S. Timmons and Dennis J. Dewey, Deputies Attorney General, for appellee.


JACKSON, J.

Appellant was charged on August 31, 1964, by a two-count affidavit with the crimes of (1) rape and (2) assault and battery with intent to commit a felony, to-wit: rape. Motion to quash both counts of the affidavit was filed. Motion as to count one was overruled, and sustained as to count two. Appellant entered plea of not guilty, was tried to the court without a jury, and found guilty as charged in Count One....

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