Kidwell v. State

This is an appeal from a conviction on a charge of commission of a felony, to-wit: rape, while armed with a deadly weapon. Appellant was charged by affidavit which, in pertinent part, reads as follows:

“BE IT REMEMBERED, That, on this day before me, Noble R. Pearcy, Prosecuting Attorney of the Nineteenth Judicial Circuit, personally came James F. Mellene who, being duly sworn, upon his oath says that James Larry Kidwell on or about the 6th day of February, A.D., 1964, at and in the County of Marion in the State of Indiana, being then and there over the age of sixteen (16) years, did then and…