Yessen v. State

Appellant was charged by affidavit with rape, under § 10-4201, Burns’ 1942 Replacement. He waived a trial by jury, and the cause was submitted to the court on a plea of not guilty. Finding and judgment were entered against appellant and. sentence followed.

The only error claimed by appellant is the overruling of his motion for a new trial.

Appellant contends that the finding of the court is contrary to law and is not sustained by sufficient evidence.

The testimony of Lois Ann Warner, being first questioned by the court for competency, showed that she was twelve years of age and was in Grade 4-B…