Indiana Supreme Court December 28, 1934, No. 26,097. (Stephen v. State)

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Myers, J.

Appellant, by affidavit filed in the court below, was charged with the offense of first degree rape on a child under the age of sixteen, to wit: fifteen years of age. Section 10-4201, Burns 1933, §2422, Baldwin’s 1934, Acts 1927, p. 576, §2. A jury returned a verdict finding appellant guilty of second degree rape. Judgment and sentence followed in the penalty fixed by the statute.