MARTIN v. STATE

No. 31122.

251 Ind. 587 (1969)

244 N.E.2d 100

MARTIN v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied March 25, 1969.


Attorney(s) appearing for the Case

John S. Brumfield and Donald D. Chiappetta, of Muncie, for appellant.

John J. Dillon, Attorney General and Murray West, Deputy Attorney General, for appellee.


DeBRULER, C.J.

Appellant was convicted of assault and battery with intent to gratify sexual desires on a four year old girl. The charge was by affidavit and the trial was by the court without a jury. Appellant charges the trial court erred in certain procedural matters, in allowing the five year old victim to testify and finding venue on insufficient evidence.

Appellant's brief alleges error on the first point in two parts: (1) In the absence of the appellant...

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