Dooley v. State

PIVARNIK, Justice.

Defendant, Carl Fletcher Dooley, was convicted of rape, Ind.Code § 35-42-4-1 (Burns Repl. 1979), and burglary in the first degree, Ind.Code § 35-43-2-1 (Burns Repl. 1979) and was sentenced to a term of twenty (20) years. This cause is the second trial of the defendant, the first having been reversed and remanded for a new trial by this court due to the prosecutor’s comments upon defendant’s failure to testify at trial. Dooley v. State, (1979) Ind., 393 N.E.2d 154.

The defendant raises six errors on appeal, concerning:

1. whether the trial court erred in permitting the rape…