Birch v. State

STATON, Judge.

Leon E. Birch was charged and convicted of the crime of Criminal Deviate Conduct. 1 He was sentenced to the Indiana Department of Correction for a period of 10 years.

On appeal, he raises one issue for our consideration. Was there sufficient evidence to support the finding of the trial court?

We affirm.

The facts relevant to our disposition of the case indicate that the unlawful conduct occurred almost daily during the fall of 1977 when Birch and the victim were incarcerated in a county jail. The victim testified that Birch, his cellmate, made him commit, against his will, oral and…