Gramm v. State

Appellant was charged with the offense of rape, Ind. Code § 35-13-4-3 (Burns 1975) repealed October 1, 1977, tried by jury, found guilty and sentenced by the jury to a term of twenty-one years imprisonment. He raises three issues:(1) propriety of an instruction on application of the principle of reasonable doubt;(2) sufficiency of the evidence; and(3) whether sentencing by the jury under the rape statute impermissibly chills his exercise of the right to be tried by jury.

I

Appellant’s first contention concerns the propriety of State’s Instruction No. 2 which reads as follows:

“You are instructed…