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AUER v. STATE

No. 3-672A10.

289 N.E.2d 321 (1972)

Tommy AUER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied December 21, 1972.

Attorney(s) appearing for the Case

Howard S. Grimm, Jr., Grimm & Grimm, Auburn, for appellant.

Theodore L. Sendak, Atty. Gen., Stephen J. Cuthbert, Deputy Atty. Gen., for appellee.

STATON, Judge.

STATEMENT ON THE APPEAL: The jury found Tommy Auer guilty of assault and battery with intent to gratify sexual desires upon a twelve year old girl.1 The trial court entered a judgment sentencing him to "... the Department of Corrections, Indiana Diagnostic Center, for a period of not less than one year nor more than five years... ." He filed his "Motion to Correct Errors" which raises these issues upon appeal:

...

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