State v. Tartenaar

STOCKARD, Commissioner.

Everett Harry Tartenaar was found guilty by a jury of incest and punishment was fixed at imprisonment for a term of seven years. After overruling a motion for new trial the trial court, on its own motion, reduced the punishment to imprisonment for a term of five years, and entered judgment accordingly. Defendant has appealed. At trial he was represented by counsel who has filed a brief in this court in his behalf.

A jury would be entitled to find from the evidence that about 11:00 o’clock of the evening of July 17, 1961, police officer Kenneth Karnes observed appellant…