KELLY v. STATE

No. 871S226.

280 N.E.2d 55 (1972)

James B. KELLY, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

March 21, 1972.


Attorney(s) appearing for the Case

Ferdinand Samper, Ferd Samper, Jr., Indianapolis, Ind., for appellant.

Theodore L. Sendak, Atty. Gen., Paul H. Frazier, Deputy Atty. Gen., Indianapolis, Ind., for appellee.


HUNTER, Justice.

This is an appeal by James B. Kelly from a judgment in the Marion Criminal Court, Division One, convicting him of Assault and Battery With Intent to Commit a Felony. Appellant waived a jury trial and the cause was tried before the Honorable John Tranberg, Judge Pro Tempore, on February 11, 1971. Appellant was charged with rape of a child under the age of sixteen (16) years pursuant to IC 1971, 35-13-4-3, (Ind. Ann. Stat. § 10-4201 [1956 Repl...

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