McINTOSH v. STATE

No. 1169S265.

254 Ind. 484 (1970)

260 N.E.2d 775

McINTOSH v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied September 10, 1970.


Attorney(s) appearing for the Case

Charles W. Symmes, of Indianapolis, for appellant.

Theodore L. Sendak, Attorney General, David S. Wedding, Deputy Attorney General, for appellee.


HUNTER, C.J.

Appellant was charged by indictment in two counts with the crimes of rape and incest. Trial before the court resulted in a verdict of guilty as to the first count on the lesser included offense of assault and battery with intent to commit rape. Appellant's motion for discharge at the close of the state's case on the second count charging appellant with incest was sustained. Upon the court's verdict, appellant was sentenced to the Indiana State Prison...

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