Yessen v. State

DISSENTING OPINION

Gilkison, J.

I am unable to agree with the majority opinion for the following reasons.

Appellant was prosecuted in the court below by affidavit charging him with the statutory rape of a girl named Lois Warner. He entered a plea of not guilty, waived a jury and on March 9, 1949 was tried by the court, resulting in a finding and judgment of guilty, imprisonment in the Indiana State Prison not less than two nor more than twenty-one years and that he pay the costs.

The motion for new trial filed on March 30, 1949 is for the reasons: (1) That the finding is not sustained by…