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CALVERT v. STATE

No. 2-1172A102.

312 N.E.2d 925 (1974)

Ollie CALVERT, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

June 27, 1974.

Attorney(s) appearing for the Case

T.H. St. Clair, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Lynda F. Huppert, Deputy Atty. Gen., Indianapolis, for appellee.

WHITE, Judge.

Defendant-appellant Ollie Calvert (Ollie) waived jury and was tried by the court on a two count indictment charging him with (count I) kidnapping and (count II) statutory rape. He was found not guilty of kidnapping but guilty of assault and battery with intent to commit rape "as covered by Count 2 of the Affidavit." He brings us a belated appeal1 from the one-to-ten year sentence which was accordingly imposed. We affirm....

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