Borden v. State

PIVARNIK, Justice.

On May 9, 1969, appellant Willard Borden was sentenced to a term of not less than two (2) nor more than twenty-one (21) years for rape and to life imprisonment for kidnapping. After various motions and petitions were filed, permission to file a belated appeal was granted on February 21, 1979. This appeal followed.

Appellant claims error in the allowing of an in-court identification and in the sufficiency of the evidence to sustain his convictions.

The victim, H. F., testified that she delivered newspapers, and that on September 22, 1968, she picked up her newspapers from the…