Haddock v. State

Appellant was charged by indictment in two counts of (1) rape and (2) incest upon his daughter who was ten years of age. 1 After trial by jury appellant was found guilty of rape, as charged.

The appellant here asserts that the verdict of the jury was contrary to law. He contends that under the evidence, since the child upon whom the offense was committed was his own daughter, the crime, if committed, was solely that of incest as defined by the statute. Consistent with this contention appellant asserts that he could not be convicted of both the crime of rape under Count One of the indictment…