Johnson v. State

Appellant was charged by indictment with kidnapping, Ind. Code § 35-1-55-1 (Burns 1975) and rape, Ind. Code § 35-13-4-3 (Burns 1975) in an assault upon a ten year old girl. Appellant filed a special plea of insanity and the trial court appointed two psychiatrists to examine him. After a trial by jury, appellant was convicted of both counts and sentenced to life imprisonment on each.

On appeal, appellant raises four issues: (1) whether the trial court erred in ruling that the victim’s seven year old brother was competent to testify; (2) whether the trial court should have withdrawn submission…