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McCORMICK v. STATE

No. 3-1078A284.

395 N.E.2d 856 (1979)

David Martin McCormick, Appellant (Defendant below), v. The STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

October 24, 1979.

Attorney(s) appearing for the Case

Dennis R. Kramer, Crown Point, for appellant.

Theodore L. Sendak, Atty. Gen., Gordon E. White, Jr., Deputy Atty. Gen., Indianapolis, for appellee.

STATON, Judge.

A jury found David Martin McCormick guilty of Rape. He was sentenced to the custody of the Indiana Department of Corrections and ordered to serve eight (8) years in a medium security facility. The sole issue presented for review is whether the trial court erred when it denied McCormick's Motion to Correct Errors which alleged that the evidence was insufficient to prove the essential element of penetration.

The judgment of the trial court is...

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