Eckert v. State

Decision Date08 April 1925
Docket NumberNo. 24712.,24712.
Citation147 N.E. 150,197 Ind. 412
PartiesECKERT v. STATE.
CourtIndiana Supreme Court

OPINION TEXT STARTS HERE

Appeal from Circuit Court, Huntington County; Sumner Kevner, Judge.

Paul Eckert was convicted of assault and battery with intent to commit rape, and he appeals. Affirmed.

Charles R. Haller, of Huntington, for appellant.

U. S. Lesh, Atty. Gen., for the State.

EWBANK, J.

Appellant was prosecuted on the charge that at a time named, in Huntington county, in the state of Indiana, he made a felonious assault upon W. H., a female child only 14 years old, and committed a rape of her person. The jury returned a verdict finding that he was guilty of assault and battery with intent to commit rape, and that he was 23 years old. Overruling his motion for a new trial is assigned as error. By several specifications in the motion, appellant challenges the sufficiency of the evidence to sustain the verdict, particularly as to the venue of the action. The prosecuting witness testified circumstantially and specifically that, while driving a Ford delivery truck with appellant and another young man and a girl, the truck was stopped beside the road, and that appellant had sexual intercourse with her in the back part of the car; and the other girl of the party testified to the same facts. But there was no direct evidence that this took place in Huntington county, and on cross-examination the prosecuting witness said that they had driven across the line into Wabash county before the act was consummated. However, on her examintion in chief, she had testified that she and the other girl climbed into the delivery truck at the bridge across the Wabash river, half a mile north of the town of Andrews, in Huntington county, Ind.; that the only seat in the truck was the one for the driver, up in front; that the truck was inclosed at the top, sides, and rear, with doors at the rear end, which were fastened from the outside; that she and appellant climbed in through the rear doors, which were then shut and fastened by the other young man, who sat in the front seat with a girl companion and drove the car; that it was driven north, and before they reached the interurban station appellant began fondling the witness, and as they drove along he continued to have his arm around her and took hold of her leg with his hand; that this occurred in Huntington county, Ind.; that, after driving north some distance, they drove west to a church, which she testified was in Huntington county, and then south half a mile, where they stopped by the road until after dark, when the intercourse took place in the back part of the truck. U...

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