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MARTIN v. STATE

No. 29,644.

239 Ind. 174 (1958)

154 N.E.2d 714

MARTIN v. THE STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied February 3, 1959.

Attorney(s) appearing for the Case

Ralph E. Brill, and N. George Nasser, both of Terre Haute, for appellant.

Edwin K. Steers, Attorney General, and Merl M. Wall, Deputy Attorney General, for appellee.

ACHOR, J.

Appellant was charged by affidavit in two counts. Count one charged appellant with assault upon a child with intent to gratify his sexual desires, under § 10-403, Burns' 1956 Repl. [Acts 1905, ch. 169, § 354, p. 584, 1951, ch. 277, § 1, p. 825.]1 The case was tried to a jury who found appellant "guilty of assault and battery as charged in count one of the affidavit." Appellant was sentenced by the court to one...

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