Cobbs v. State

Appellant was convicted by a jury for kidnapping (Ind. Code § 35-1-55-1, Burns § 10-2901 (1956)) and rape (Ind. Code § 35-13-4-3, Burns § 10-4201 (1956)). He was sentenced to concurrent terms of life imprisonment for kidnapping and imprisonment for not less than two nor more than twenty-one years for rape. He appeals the rape conviction, asserting that it was based on inadmissible evidence.

The State’s chief witness, Diana Davis, testified that on January 3, 1972, at about 10:45 p.m., she was returning to her home in the Miller section of Gary, Indiana. Her customary parking space was blocked…