Ellis Curry v. State Indiana

This is an appeal from a denial of Post Conviction Relief. The conviction from which Curry sought relief was from the crime of attempted rape while armed with a deadly weapon, to wit: a knife. The Indiana Supreme Court had earlier affirmed the conviction rejecting Curry's allegation that the trial court's judgment, following trial to the court without a jury, was not sustained by sufficient evidence and was contrary to law. Curry v. State (1969), 252 Ind. 347, 248 N.E.2d 30. The facts and evidence with respect to the commission of the crime are fully detailed in the Supreme Court opinion and need not be restated here. The issue presented for our consideration is: