State v. Shepherd

SPEAR, Justice.

Appellant was indicted by a grand jury on August 11, 1967, for the crime of committing a lewd and lascivious act with a minor child under the age of 16, in violation of I.C. § 18-6607. The offensive acts al legedly occurred on or about June 19, 1966, with appellant’s 12-year old stepdaughter. After the trial, on December 18 and 19, 1967, at which the stepdaughter, Bonita Kinney, and her brother, Vernon Kinney, appeared as witnesses against appellant, the jury returned a verdict of guilty.

Appellant moved to arrest the judgment, to acquit notwithstanding the verdict and for a new…