Underhill v. State

— The appellant was indicted by the grand jury of Wayne county, Indiana, for a violation of §2250 Burns 1914, Acts 1913 p. 267. The venue was changed to Union county, where the trial was had. The indictment was in two counts, the first charging carnal knowledge of one Elsie Reck, a feeble-minded woman; the second charging carnal knowledge of said Elsie Reck and that she was a female child under sixteen years of age. There was no motion to quash and no attack made on the sufficiency or form of the indictment, and no motion was made to require the state to elect upon which count it would…