LANDIS, J.
Appellant was convicted of assault under an affidavit charging the crime of rape. Appellant was fined $500.00 and sentenced to six months' imprisonment.
Appellant first contends on this appeal that the trial court erred in overruling his motion for a discharge because of the running of the three term statute.
The facts bearing upon the matter show that the affidavit charging rape was filed on April 12, 1955...
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