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JOHNSON v. STATE

No. 671S187.

257 Ind. 634 (1972)

277 N.E.2d 791

STANLEY LEROY JOHNSON v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed January 28, 1972.

Attorney(s) appearing for the Case

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

Theodore L. Sendak, Attorney General, A. Frank Gleaves, III, Deputy Attorney General, for appellee.

HUNTER, J.

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 assault and battery ... [W]henever in the commission of...

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