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eBook details

• Title: Albert Thomas Lindsey v. State Indiana
• Author : Supreme Court of Indiana No. 370S67
• Release Date : January 30, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Defendant (Appellant) was convicted of Rape under 1956 Repl. Burns Ind. Stat. Ann. § 10-4201 (Acts of 1941, Ch.
148, § 3) and was sentenced to the Indiana State Reformatory for a term of from two (2) to twenty-one (21) years. Error assigned challenges the sufficiency of the evidence in that: (1) Prosecuting witness, a sixteen year old girl, was
not qualified by the State as to competency; (2) Defendant was not properly identified as being the person who was alleged
to have committed the crime charged; (3) The State failed to prove venue, in that it was not proved that the offense occurred
in the State of Indiana; and (4) The State failed to prove that the offense did in fact occur, inasmuch as the prosecuting
witness described the act between her and Defendant as "intercourse" rather than as "sexual intercourse: and as "penetration"
rather than as "penetration of her female sex organ by Defendant's male sex organ."

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