McCormick v. State

STATON, Judge.

A jury found David Martin McCormick guilty of Rape. He was sentenced to the custody of the Indiana Department of Corrections and ordered to serve eight (8) years in a medium security facility. The sole issue presented for review is whether the trial court erred when it denied McCormick’s Motion to Correct Errors which alleged that the evidence was insufficient to prove the essential element of penetration.

The judgment of the trial court is affirmed.

The pertinent evidence most favorable to the State reveals that on the evening of March 9,1978, a fourteen-year-old girl (“the…