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MONTGOMERY v. STATE

No. 30,757.

249 Ind. 98 (1967)

229 N.E.2d 466

MONTGOMERY v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied November 14, 1967.

Attorney(s) appearing for the Case

Lewis Davis, of Indianapolis, for appellant.

John J. Dillon, Attorney General, and David S. Wedding, Deputy Attorney General, for appellee.

LEWIS, J.

This is an appeal from a conviction for rape. The charge was lodged by indictment and is under Burns' Indiana Statutes, § 10-4201, which reads, in part, as follows:

"Whoever has carnal knowledge of a woman forcibly against her will, or of a female child under the age of sixteen [16] years ... is guilty of rape, and on conviction shall be imprisoned not less than two [2] years nor more than twenty-one [21] years...."

The trial was by...

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