Binder v. State

The defendant was charged with the crime of sodomy under Acts 1905, ch. 169, § 473, p. 584, being Burns’ Ind. Stat. Anno. § 10-4221 (1956 Repl.), and following a jury trial was convicted and sentenced accordingly, from which judgment the defendant below and appellant herein appeals.

There is only one specification in the motion for a new trial presented by appellant’s brief on appeal, namely, the overruling of appellant’s motion for a psychiatric examination of the State’s prosecuting witness, Susanna Lynne Eby, 15 years of age. This question has come before this Court previously and has been…