Miller v. State

WOLCOTT, Chief Justice.

The prisoner, appellant, was indicted for the crime of rape. The indictment was as follows:

“The Grand Jury charges Clifton W. Miller with the following offense, a felony:

“Rape in violation of Title 11, Section 781, Delaware Code of 1953.

“Clifton W. Miller on the 4th day of April, 1966 in the County of New Castle, had carnal knowledge of Margaret Taylor without her consent.”

The prisoner having been convicted and sentenced to life imprisonment, now appeals, attacking the sufficiency of the indictment 1 and the correctness of the trial judge’s instructions upon his sole…