BENN v. STATE

No. 2-673A147.

317 N.E.2d 463 (1974)

Melvin BENN, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied November 12, 1974.


Attorney(s) appearing for the Case

Tommy L. Strunk, of McDonald & Strunk, William C. Erbecker, Indianapolis, for appellant.

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


WHITE, Judge.

The defendant was tried by the court without a jury on an indictment charging him with the crime of sodomy; specifically, forcing a woman to submit to fellatio. He was found guilty as charged and sentenced to imprisonment for a period of not less than two nor more than fourteen years. From the judgment imposing sentence the defendant appeals, complaining of two trial court errors which he contends deprived him of a fair trial; (1) the failure of the...

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