Dragon v. State

On November 13, 1972, an affidavit was filed in Huntington Circuit Court charging Appellant with rape (Count I) and kidnapping (Count II) arising out of a single incident. Appellant entered a plea of not guilty by reason of insanity to both counts. On March 1, 1973, a jury found Appellant guilty on both counts.

The primary contention made by Appellant in this appeal is that the evidence was not sufficient to warrant the jury finding that beyond a reasonable doubt the Appellant was sane at the time he committed the kidnapping and rape. Appellant’s basis for this contention is that a…