Utley v. State

This is an appeal from a judgment on a verdict finding appellant guilty of kidnapping as defined by § 10-2901, Burns’ 1942 Replacement (Acts of 1905, ch. 169, § 358, p. 584; Acts of 1929, ch. 154, § 1, p. 477). He was sentenced to imprisonment for life. The error relied upon for a reversal is the overruling by the trial court of appellant’s motion for a new trial.

There is no substantial conflict in any material part of the evidence, which discloses that the offense was committed as follows: Sunday morning at about 12:30 A. M., March 21, 1948, Andrew Perkins, who had the nickname of “Big…