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BEARD v. STATE

No. 374S58.

323 N.E.2d 216 (1975)

Dallas Dale BEARD, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

February 14, 1975.

Attorney(s) appearing for the Case

Rice & Van Stone by William E. Weikert, Evansville, for appellant.

Theodore L. Sendak, Atty. Gen., Wesley T. Wilson, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

The defendant (appellant) was convicted of rape by force1 and kidnapping.2 He was sentenced to life imprisonment. His appeal presents five general issues, as follows:

(I) Did the trial court err in striking his motion in arrest of judgment upon the rape count? (II) Was the evidence upon the rape count sufficient upon the elements of resistance by the prosecutrix and force...

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