Woods v. State

This is an appeal from a judgment sentencing appellant to the Indiana State Prison for life, after a jury had found him guilty of rape of a female child under the age of twelve years. The error assigned is the overruling of his motion for a new trial.

The court in its preliminary instructions to the jury under Rule 1-7A read the affidavit. Preliminary Instruction No. 1 in part stated:

“To this affidavit, the defendant has been arraigned in open court, and has entered his plea of not guilty, and has filed his notice of alibi.

“Upon the issues thus joined, the burden is upon the State of Indiana…