Gunderman v. State

Appellant was convicted of attempted rape, upon an affidavit charging rape as defined in §2429, Burns Ann. Ind. St. Supp. 1929, §10-4201, Burns Ind. St. Ann. 1933, §2422, Baldwin’s 1934, Acts 1927, ch. 201,' p. 576. He assigns as error the court’s action in overruling (1) motion to quash, (2) motion in arrest of judgment, and (3) motion for new trial. In support of the motion to quash appellant contends that the Elkhart superior court was without jurisdiction to hear and determine the cause for the reason that the affidavit was not properly filed in the superior court. As a basis for this…