Cox v. State

The appellant was charged by affidavit with the crime of second degree rape under §2429, Burns Supp. 1929, §10-4201, Burns 1933, §2422, Baldwin’s 1934, Act 1927, p. 576. The appellant filed a motion to quash the affidavit which motion was overruled. Upon a plea of not guilty, the cause was submitted to a jury for trial, and appellant was found guilty as charged, and sentenced to the Indiana Reformatory for a period of not less than one nor more than ten years.

The appellant filed a motion for a new trial, assigning therefor twenty-eight reasons. The first five are as follows:(1) The court…