BRYANT v. STATE

No. 1170S264.

256 Ind. 587 (1971)

271 N.E.2d 127

MITCHELL BRYANT v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied October 6, 1971.


Attorney(s) appearing for the Case

Russel White, Albert W. Ewbank, of Indianapolis, for appellant.

Theodore L. Sendak, Attorney General, William F. Thompson, Assistant Attorney General, M. Daniel Friedland, of counsel, of Indianapolis, for appellee.


GIVAN, J.

Appellant was charged by indictment in two counts, one of rape and the other of incest. Trial by court resulted in a finding of guilty on both charges. The court then sentenced the appellant to the Indiana State Prison for a term of two to twenty-one years on Count 1 and for a like term on Count 2.

The record discloses the following facts:

The prosecuting witness was the fifteen year old stepdaughter of the appellant. She testified that she...

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