Hathaway v. State

This is a criminal appeal from an adverse ruling on appellant’s Verified Petition to Set Aside Judgment *376and Withdraw Plea of Guilty, and also the appellant’s Verified Petition for Correction of Sentence.

In 1954 appellant was arrested for the alleged rape of a 9-year-old girl. He was .charged by affidavit with the crime of Rape pursuant to Burns’ Indiana Statutes, Anno., (1956 Repl.), § 10-4201, the pertinent parts of which read as follows:

“Rape — Penalty.—Whoever has carnal knowledge of a •woman forcibly against her will, or of a female child under the age of sixteen [16] years; ... is guilty…