Mosby v. State

Caeser Mosby, Jr., appeals the overruling of a Belated Motion to Correct Errors, filed under Post-Conviction Remedy Rule 2.

He was convicted by a jury on July 23, 1973 of Sodomy, 1 Robbery, 2 and Commission of Rape While Armed, 3 for which he was sentenced to terms of two to fourteen years, ten to twenty-five years, and ten years, respectively.

The facts viewed most favorably to the State are as follows: On the evening of January 19, 1973, the prosecutrix was in the parking lot of the Gateway Motel, 1700 Lafayette Road, Indianapolis, preparing to load her suitcases into her automobile when she…