[Download] "Brown v. State Indiana" by Supreme Court Of Indiana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Brown v. State Indiana
- Author : Supreme Court Of Indiana
- Release Date : January 03, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
SWAIM, J. The appellant (defendant below) is appealing from a judgment of the Wayne Circuit Court, which judgment recited that "The Court finds that said defendant is guilty of the crime charged, namely: First Degree Rape. . . ." The record shows that in the Wayne Circuit Court, at the April Term, 1940, an affidavit was filed against the appellant, charging him in the language of the statute with first degree rape at and in the County of Wayne, in the State of Indiana; that thereafter the prosecuting attorney filed a petition seeking the permission of the court to file an amended affidavit, which, instead of merely charging first degree rape in the language of the statute, would charge the crime of rape in the first degree by setting forth in said affidavit that the appellant "unlawfully and feloniously made an assault and battery with intent to commit rape in the first degree in the County of Wayne and State of Indiana. . . and. . . unlawfully and feloniously and by force and violence and putting in fear take captive, restrain and detain the said affiant in said County of Wayne and State of Indiana, with the intent aforesaid, and did then and there unlawfully and feloniously carry off, kidnap and transport said affiant from said County of Wayne and State of Indiana, to the County of Union, State of Indiana, with the intent aforesaid; and did then and there in said County of Union and State of Indiana, unlawfully, feloniously and forcibly make an assault in and upon said affiant, a woman then and there being, and did then and there in said County of Union and State of Indiana, unlawfully, feloniously and forcibly and against said affiants will ravish and carnally know her the said affiant." This petition was granted and such an amended affidavit was filed.