DOYLE, P. J.
This is an appeal from a judgment of conviction of the violation of Section 12423-1, General Code (now Section 2903.01, Revised Code.)
The indictment charged the following:
"* * * Harold Rudy, in the county of Summit and state of Ohio* * *, on the 1st day of February * * * (1953), then and there being a male person over the age of eighteen years, did unlawfully assault Thomas Coe, a child then and there being under the age of sixteen years...
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