Huckleberry v. Estate

The defendant was charged with the crime of rape by force in Seminole county, was tried, convicted and sentenced to serve a term of 15 years in the penitentiary, and has appealed.

The first assignment of error is that the court erred in failing to sustain defendant’s objection to the introduction of testimony by the state, for the reason that the information did not state a cause of action, charging said defendant with the crime of rape in the first degree, and for the further reason that the information was duplicitous. The charging part of the information was as follows:

“That at and in the…