LOVE, J.
This cause came on for trial without the intervention of a jury and upon a stipulation of facts entered into between the state and the defendant.
The indictment, filed November 26, 1975, in pertinent part, reads, as follows:
"The Grand Jurors of the county of Montgomery * * * find that Donald McCain, Sr., on or about the 15th day of November, in the year one thousand nine hundred and seventy-five in the County of Montgomery, aforesaid, and...
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