GILLESPIE, J.
Appellant was indicted, tried, and convicted of the crime of attempted kidnapping. The trial court imposed the maximum sentence of ten years.
Omitting the formal parts and the overt acts set out therein, the indictment charged that appellant, "... in and upon one Lida Diane Speyerer, a human being, a child under the age of ten (10) years, and approximately nine (9) years of age, wilfully, unlawfully, feloniously and forcibly did make an assault...
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