Montgomery v. State

This is an appeal from a conviction for rape. The charge was lodged by indictment and is under Burns’ Indiana Statutes, § 10-4201, which reads, in part, as follows:

“Whoever has carnal knowledge of a woman forcibly against her will, or of a female child under the age of sixteen [16] years ... is guilty of rape, and on conviction shall be imprisoned not less than two [2] years nor more than twenty-one [21] years. . . .”

The trial was by jury and appellant was sentenced to 2-21 years in the Indiana State Prison.

Appellant urges as error the overruling of his motion for a new trial. The motion for…