Stutzman v. State

Appellant was charged on August 31, 1964, by a two-count affidavit with the crimes of (1) rape and (2) assault and battery with intent to commit a felony, to-wit: rape. Motion to quash both counts of the affidavit was filed. Motion as to count one was overruled, and sustained as to count two. Appellant entered plea of not guilty, was tried to the court without a jury, and found guilty as charged in Count One. From such conviction appellant appeals.

The affidavit, omitting formal parts, reads as follows, to-wit:

“Jack Slaybaugh, being duly sworn upon his path, deposes and says that on or about…