Duncan v. State

Duncan was charged with rape. A jury convicted him of assault and battery with intent to gratify sexual desires..His appeal asserts three evidentiary errors, prejudicial commentary by the trial judge, and the giving of an erroneous instruction.

The basic evidence discloses that on the evening of September 13, 1973, several young people were having a party at a rest park near North Judson, Indiana. The prosecuting witness had been at the party, had become upset and started walking to North Judson. At this time, Duncan and one Dwight Timm were driving toward the rest park. When they passed the…