Clark v. State

PRENTICE, Justice.

Defendant (Appellant) was convicted, after trial by Jury, of Attempted Rape, Ind. Code § 85-41-5-1; § 85-42-4-1 (Burns 1979), Battery, Ind.Code § 85-42-2-1(1) (Burns 1979), and Intimidation, Ind.Code § 85-45-2-1 (Burns 1979), and sentenced to 'a total of thirty (80) years imprisonment. This direct appeal presents the following issues:(1) Whether the circumstantial evidence of the identity of the assailant was sufficient to sustain the convictions.(2) Whether the trial court erred in admitting into evidence two items of men's underwear (a T-shirt and a pair of shorts) over…