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VUNCANNON v. STATE

No. 170S9.

254 Ind. 206 (1970)

258 N.E.2d 639

VUNCANNON v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed June 3, 1970.

Attorney(s) appearing for the Case

Charles E. Johnson, Marshall E. Williams, of Indianapolis, for appellant.

Theodore L. Sendak, Attorney General, William F. Thompson, Assistant Attorney General, for appellee.

ARTERBURN, J.

The appellant was indicted for the crime of assault and battery with intent to gratify sexual desires. He pleaded not guilty, waived trial by jury and upon trial was found guilty of the lesser included offense of assault and battery.

There is only one issue we need to consider, namely, whether the evidence is sufficient to establish the finding of guilty of assault and battery. The evidence reveals that the prosecuting

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