McDONALD v. STATE

No. 2-974A222.

328 N.E.2d 436 (1975)

Noel McDonald, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

May 28, 1975.


Attorney(s) appearing for the Case

Patrick N. Ryan, Jack B. Welchons, Ryan & Welchons, Marion, for appellant.

Theodore L. Sendak, Atty. Gen., Russell W. Sims, Deputy Atty. Gen., Indianapolis, for appellee.


LYBROOK, Judge.

Defendant-appellant Noel McDonald was tried to the court and convicted of statutory rape. IC 1971, 35-13-4-3, Ind. Ann. Stat. § 10-4201 (Burns Supp. 1974). The single issue presented for review is whether the trial judge committed reversible error when he intervened as defendant was testifying on his own behalf and inquired as to his willingness to submit to a polygraph examination. For the reaons hereinafter stated, we conclude that the judge...

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