Butler v. State

The appellant was charged by way of a grand jury indictment with raping a seven year old female child. See Burns’ 1942 Replacement, § 10-4201. He waived jury trial, was tried by the court, and sentenced to a term of life imprisonment.

To reach the merits we must overlook certain procedural defects and the shortcomings of appellant’s brief. Because of the nature of the offense charged and the severity of the penalty imposed, we shall consider and decide each question attempted to be raised by the appellant.

The appellant filed a motion for change of venue from the county based on general…