State v. Goff

Defendant was convicted of the crime of rape in the second degree and brings the case to this court on appeal.

The information upon which defendant was tried consisted of two counts, one of which charges him with rape in the second degree committed by an act of sexual intercourse with his ten year old stepdaughter. The other count charges defendant with adultery and is predicated upon the same act of sexual intercourse upon which the 'charge of rape is based in the first count.

The trial court overruled the defendant’s motion to require the prosecution to separate the two counts charged in the…