Caudill v. State

Appellant was charged by affidavit with the crime of rape upon a female child 11 years of 'age. The cause was tried by the court without a jury, resulting in a finding of guilty of assault and battery with intent to commit a felony, and a judgment of imprisonment for not less than one nor more than 10 years.

The sufficiency of the affidavit was not tested by a motion to quash or a motion in arrest of judgment.

A motion for new trial was filed, for the following reasons:

“1. That the finding of the court is not sustained by sufficient evidence.

“2. That the finding of the court is contrary to law.

“…