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KIDWELL v. STATE

No. 30,692.

249 Ind. 430 (1967)

230 N.E.2d 590

KIDWELL v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied January 22, 1968.

Attorney(s) appearing for the Case

Ferd Samper, of Indianapolis, for appellant.

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

HUNTER, C.J.

This is an appeal from a conviction on a charge of commission of a felony, to-wit: rape, while armed with a deadly weapon. Appellant was charged by affidavit which, in pertinent part, reads as follows:

"BE IT REMEMBERED, That, on this day before me, Noble R. Pearcy, Prosecuting Attorney of the Nineteenth Judicial Circuit, personally came James F. Mellene who, being duly sworn, upon his oath says that James Larry Kidwell on or about the 6th day...

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