Allbritten v. State

Appellant was convicted of the kidnapping and rape of a four and a half year old girl. He was granted leave to file this Belated Appeal. Rule PC. 2(2). His first contention is that as to the charge of rape the evidence was insufficient to prove the necessary element of penetration. Ritchie v. State (1963), 243 Ind. 614, 189 N.E.2d 575; Keteham v. State (1959), 240 Ind. 107, 162 N.E.2d 247. The fact-finder may infer penetration from circumstantial evidence such as the physical condition of the victim soon after the incident. Weaver v. State (1963), 243 Ind. 560, 187 N.E.2d 485. And of course,…