McVAY v. STATE

No. 30,578.

246 Ind. 82 (1964)

202 N.E.2d 750

McVAY v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed December 15, 1964.


Attorney(s) appearing for the Case

Joe N. Van Valer and Williams, Williamson & Colvin, all of Indianapolis, attorneys for appellant.

Edwin K. Steers, Attorney General of Indiana, and Carl E. Van Dorn, Deputy Attorney General, for appellees.


ARTERBURN, C.J.

This is an appeal from a conviction of the crime of assault and battery with intent to gratify sexual desires. The original charge filed against the appellant was the crime of assault and battery with intent to commit rape. Following a trial by jury a judgment was rendered on December 11, 1963. The errors assigned in this case are based upon two instructions given by the Court over the objection of the appellant, namely, Court's Instruction No. 11...

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