Hickman v. State

Appellant, in the Delaware Circuit Court, was adjudged guilty of the crime of rape (§2429 Burns 1926, Acts 1921 p. 373), and from that judgment prosecutes this appeal. The only error assigned is the overruling of his motion for a new trial. In support of this motion the only properly specified causes are the giving of instruction Nos. 5, 9 and 16 by the court upon its own motion and verdict contrary to law.

The gist of the charge presented by affidavit was that appellant unlawfully had carnal knowledge of a female child under 16 years of age. Appellant comes to this court with the presumption…