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FORTNER v. STATE

No. 1-573A82.

301 N.E.2d 522 (1973)

Paul FORTNER, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

October 1, 1973.

Attorney(s) appearing for the Case

Samuel E. Beecher, Jr., Terre Haute, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., Robert F. Colker, Asst. Atty. Gen., Indianapolis, for plaintiff-appellee.

ROBERTSON, Presiding Judge.

The defendant-appellant (Fortner) was convicted by a jury of the felony of incest. The alleged errors argued by Fortner are (1) the verdict is not sustained by sufficient evidence; (2) the verdict is contrary to law, and (3) the failure to suspend Fortner's sentence is an error of law.1

Prior to a discussion of the sufficiency of the evidence, it should be noted that this court will not weigh the evidence...

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