State v. Clevenger

Turner, J. †

Appellant was charged by information in two counts with the crimes of incest and indecent liberties, both committed on his 3-year-old daughter. A jury found him guilty as charged. From a judgment and concurrent sentences of life and 20 years, he appeals, assigning eight errors, of which five require discussion.

The facts relating to the first and fifth assignments are these: On February 8,1965, shortly after 5 p.m., appellant’s wife went to a neighbor’s house, leaving appellant at home alone with their three daughters. At that time, the children were unharmed. At about 8 p.m.,…