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ALLBRITTEN v. STATE

No. 773S141.

317 N.E.2d 854 (1974)

Peter Duane ALLBRITTEN, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

October 28, 1974.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, Mark McNeely, Deputy Public Defender, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Robert S. Spear, Deputy Atty. Gen., Indianapolis, for appellee.

ARTERBURN, Chief Justice.

Appellant was convicted of the kidnapping and rape of a four and a half year old girl. He was granted leave to file this Belated Appeal. Rule P.C. 2(2). His first contention is that as to the charge of rape the evidence was insufficient to prove the necessary element of penetration. Ritchie v. State, (1963) 243 Ind. 614, 189 N.E.2d 575; Ketcham v. State, (1959) ...

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