GIVAN, Justice.
The appellant was charged by indictment with assault and battery with intent to commit rape. Jury trial resulted in a verdict of guilty. Appellant was sentenced to the Indiana State Prison for a term of not less than one nor more than ten years.
The record discloses the following facts:
The prosecuting witness had left the office of her employer at about 5:30 P.M. on September 26, 1969. She walked to her automobile in a parking lot...
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