Martin v. State

This is an action based upon an affidavit in two counts filed in the Monroe Circuit Court, Monroe County, Indiana, charging appellants and one Chester Hillenburg with the crime of assault and battery with intent to commit rape and the crime of rape. Appellants filed an amended motion to quash each count of the affidavit which was overruled. Thereafter, they entered a plea of not guilty.

The issues were tried by jury in the Monroe Circuit Court on two separate occasions. On the first of such occasions the jury could not agree on a verdict and was thereupon discharged. During the interim between…