Harvey v. State

This is an appeal from a judgment on a verdict finding the appellant guilty of rape of a female child under the age of 16 years, for which he was sentenced to the Indiana State Prison for a term not less than two nor more than 21 years, as provided by §10-4201, Burns’ 1942 Replacement.

The affidavit charged the offense was committed on or about the 24th day of November 1951- The prosecutrix was then 13 years of age. To this affidavit the appellant by counsel filed a motion to quash. The record does not disclose that the trial court ever ruled on this motion, and it does not show that the…