Schaffer v. State

The appellant and four others were jointly indicted for rape alleged to have been committed upon one Agnes Zangerle June 22, 1928. The appellant, on his motion, was accorded a separate trial. The indictment was based on §2429 Bums 1926. The defendant’s plea was not guilty. The trial was by jury, and the jury returned the following verdict: “We, the jury, find the defendant. Leo Schaffer, guilty of assault and battery with intent to commit rape, and further find that his age is 25 years.”

The court rendered the following judgment: “It is therefore, considered and adjudged by the court that the…