Alexander v. State

The charge is rape upon a female child 13 years of. age. Judgment upon the verdict of guilty. The only error sought to be presented is the overrul ing of appellant’s motion for a new trial. Upon this assigned error, the giving of an instruction to the jury, alleged to be erroneous, is sought to be presented. Neither this instruction, nor any of the instructions, is in the record by a bill of exceptions. The instruction is not before the court for consideration. Smith v. State (1926), 198 Ind. 614, 154, N. E. 370; McNaught v. State (1924), 194 Ind. 209, 142 N. E. 418; Gillespie v. State…