Miller v. State

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 evi-dentiary 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 be granted.

It is a cardinal rule of our appellate review that when the verdict is challenged as not being sustained by the evidence, we *1114c…