Marshall v. State

Appellant was charged by affidavit with the crime of rape. Upon a plea of not guilty, trial was had before a jury which returned a verdict of guilty. Thereafter, appellant was sentenced to the custody and control of the Superintendent of the Indiana Reformatory at Pendleton for a period of not less than two (2) nor more than twenty-one (21) years.

Two questions are raised on this appeal by the trial court’s overruling of appellant’s motion for new trial, the first concerning the constitutional guarantee to a public trial and the second involving the question of newly discovered evidence. We…