SMITH v. STATE

No. 1169S267.

255 Ind. 687 (1971)

266 N.E.2d 216

SMITH v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed February 10, 1971.


Attorney(s) appearing for the Case

Michael T. Dugan, II, of Indianapolis, for appellant.

Theodore L. Sendak, Attorney General, Mark Peden, Walter E. Bravard, Jr., Deputies Attorney General, for appellee.


No petition for rehearing filed.

PRENTICE, J.

Defendant was convicted of rape under Acts of 1941, ch. 148, § 3, (1956 Repl.) Burns' 10-4201, in that he did "* * * unlawfully and feloniously have carnal knowledge of * * *," the complaining witness, "* * * a woman, forcibly and against her will. * * *." The appeal is predicated upon the sufficiency of the evidence, and the further charge by the defendant that he was inebriated to the extent of being incapable...

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