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TOTTEN v. STATE

No. 584S171.

486 N.E.2d 519 (1985)

Henry Lee TOTTEN, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

December 19, 1985.

Attorney(s) appearing for the Case

John F. Surbeck, Jr., Deputy Public Defender, Fort Wayne, for appellant.

Linley E. Pearson, Atty. Gen., Phillip B. Rarick, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

Defendant (appellant) appeals his conviction by a jury of attempted rape, a class B felony, Ind. Code § 35-41-5-1 and Ind. Code § 35-42-4-1 (Burns Code Ed. 1979). He was sentenced to twelve (12) years imprisonment.

Defendant presents two issues for our review:

1. Whether the evidence is sufficient to support his conviction. Specifically, he argues the evidence is insufficient to prove that he used force in attempting to...

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