Hensley v. State

The appellant was charged by affidavit in three Counts: 1, assault and battery with intent to commit rape; 2, commission of a crime while armed with a deadly weapon; and 3, kidnapping. Trial by jury resulted in a verdict of guilty of Counts 1 and 2 and not guilty on Count 3. Defendant was sentenced to the Indiana State Reformatory for the period of one to ten years on Count 1 and an additional year to be served consecutively on Count 2.

The record reveals the following facts:

The prosecuting witness, Diane Davis, testified that as she was driving along a public highway, the appellant, posing as…