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BARGER v. STATE

No. 1-375A45.

339 N.E.2d 811 (1976)

Jonathan BARGER, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

January 22, 1976.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender of Indiana, Darrell F. Ellis, Deputy Public Defender, Indianapolis, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., of Indiana, John R. O'Bryan, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

Before ROBERTSON, C.J., and LOWDERMILK and LYBROOK, JJ.

PER CURIAM.

Defendant-appellant (Barger), was convicted by a jury of rape. He now appeals that conviction asserting that (a) the evidence was insufficient to sustain a conviction, and (b) the court's sentence was excessive as a result of passion and prejudice.

On the evening of May 16, 1974, the victim, a child twelve years of age, her mother and a friend, Minnie Bear (Bear) went to visit the mother's boyfriend. After visiting for a while, the victim and Bear...

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