GIVAN, J.
The appellant was charged by indictment in three counts: Count 1. Sodomy; Count 2. Rape; and Count 3. Aggravated Assault. Trial by court without a jury resulted in a finding of guilty as to Count 1. Upon the conviction of sodomy the appellant was sentenced to not less than two nor more than fourteen years in the Indiana State Prison and fined $100. Count 1 of the indictment under which the appellant was convicted reads as follows:
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