BOBBITT, C.J.
Appellant was charged by affidavit with the crime of rape. To this charge he entered a plea of not guilty. After a jury had been impaneled he withdrew his plea of not guilty and entered a plea of guilty to the lesser and included offense of assault and battery with intent to commit a felony. Upon this plea of guilty the trial court sentenced appellant to the Indiana State Reformatory for a period of one to five years; and suspended the sentence and placed...
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