Fitch v. State

— Defendant-appellant Fitch was charged by affidavit with the crime of rape, to which he entered a plea of not guilty by reason of temporary insanity. Trial by court resulted in a judgment of guilty, and Fitch appeals presenting the following issue for review:

Whether there is sufficient evidence to sustain a finding that Fitch was sane beyond a reasonable doubt at the time of the commission of the offense.

The evidence most favorable to the State reveals that in December of 1971, Fitch was residing with his wife, Emma, and her two children by a former marriage, Allen and Teresa. Teresa, who…