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JOHNSON v. STATE

No. 671S187.

277 N.E.2d 791 (1972)

Stanley Leroy JOHNSON, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

January 28, 1972.

Attorney(s) appearing for the Case

John R. Brant, II, Public Defender, Richmond, for appellant; Harlan, Schussler & Keller, Richmond, of counsel.

Theodore L. Sendak, Atty. Gen., A. Frank Gleaves, III, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Judge.

This is an appeal by Stanley Leroy Johnson, appellant (defendant below), from a conviction for Assault and Battery with Intent to Gratify Sexual Desires, pursuant to IC 1971, 35-1-54-4 (Ind. Ann. Stat. § 10-403 [1971 Supp.]), which reads in part as follows:

"Whoever in a rude, insolent or angry manner, unlawfully touches another, is guilty of an assault and battery ... [W]henever in the commission of the offense any person removes, tears...

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