Stephen v. State

Appellant, by affidavit filed in the court below, was charged with the offense of first degree rape on a child under the age of sixteen, to wit: fifteen years of age. Section 10-4201, Burns 1933, §2422, Baldwin’s 1934, Acts 1927, p. 576, §2. A jury returned a verdict finding appellant guilty of second degree rape. Judgment and sentence followed in the penalty fixed by the statute. On appeal to this court several errors are assigned. We will notice them in' the order of their assignment.(1) Overruling appellant’s motion to quash the affidavit for want of certainty. The affidavit charges that…