MARSHALL v. STATE

No. 769S156.

254 Ind. 156 (1970)

258 N.E.2d 628

MARSHALL v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied July 29, 1970.

September 8, 1970.


Attorney(s) appearing for the Case

John M. Lyons, of Valparaiso, for appellant.

Theodore L. Sendak, Attorney General, Aaron T. Jahr, Deputy Attorney General, for appellee.


HUNTER, C.J.

Appellant was charged by affidavit with the crime of rape. Upon a plea of not guilty, trial was had before a jury which returned a verdict of guilty. Thereafter, appellant was sentenced to the custody and control of the Superintendent of the Indiana Reformatory at Pendleton for a period of not less than two (2) nor more than twenty-one (21) years.

Two questions are raised on this appeal by the trial court's overruling of appellant's motion for...

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