MILLER v. STATE

No. 279S50.

436 N.E.2d 1113 (1982)

Ricky A. MILLER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

July 6, 1982.


Attorney(s) appearing for the Case

Martin & Wharry, Lebanon, for appellant.

Theodore L. Sendak, Atty. Gen., Gregory Alan Clark, Deputy Atty. Gen., Indianapolis, for appellee.


PRENTICE, Justice.

Defendant (Appellant) was convicted by jury of Rape While Armed with a Deadly Weapon, a Class A Felony, Ind. Code § 35-42-4-1 (Burns 1979), and was sentenced to thirty (30) years imprisonment. His defense was "consent." Because of two evidentiary harpoons which were deliberately thrust and, in the context of the case had a very high potential for influencing the verdict, we reverse the judgment of the trial court and direct that a new trial...

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