Massen v. State

The defendant does not challenge the fact that the prosecutrix was subjected to a violent attack and attempt to rape her on the night in question. The details of this heinous assault need not, therefore, be set forth. At the trial his principal defense was alibi.

Upon this appeal the defendant sets forth a series of claimed errors which he contends entitle him to a dismissal or a new trial. The contentions of the defendant are:(1) That the warrant is constitutionally defective because not issued by an independent and neutral magistrate and because the underlying complaint does not contain…