White v. State

PRENTICE, Justice.

Defendant (Appellant) was charged with Attempted Rape, a Class A Felony, and was convicted, following a trial by jury, of Attempted Rape, a Class B Felony. This direct appeal presents the sufficiency of the evidence as the sole issue.

The Class A Felony charged, Ind.Code § 35-41-5-1, § 35-42-4-1 (Burns 1979), was an attempt to rape the prosecutrix while armed with a knife. The Class B Felony of which the defendant was convicted is a lesser offense necessarily included in the offense charged, differing only in that commission of the Class B offense does not require the element…