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BURTON v. STATE

No. 28,828.

232 Ind. 246 (1953)

111 N.E.2d 892

BURTON v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed May 5, 1953.

Attorney(s) appearing for the Case

John G. McNutt and Bernard Korbly, of Indianapolis, for appellant.

J. Emmett McManamon, Attorney General, John Ready O'Connor and William T. McClain, Deputy Attorneys General, for appellee.

EMMERT, C.J.

This is an appeal from a judgment on a finding made by the court, without the intervention of a jury, that appellant was guilty of sodomy on his daughter under the first clause of § 10-4221, Burns' 1942 Replacement, and that appellant should be imprisoned in the State Prison for a term of not less than two nor more than fourteen years and be fined in the sum of $100.00.1 The indictment was returned by the grand

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