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JARRETT v. STATE

No. 3-974A160.

333 N.E.2d 794 (1975)

David JARRETT, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied October 30, 1975.

Attorney(s) appearing for the Case

Thomas O. Mulligan, Knox, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., J. Ronald Duvall, Asst. Atty. Gen., Indianapolis, for plaintiff-appellee.

GARRARD, Judge.

Appellant Jarrett was convicted of statutory rape of a female under sixteen years of age. In giving final instructions to the jury, the court instructed that Jarrett might be found guilty of the lesser included offenses of assault and battery with intent to commit a felony, assault and battery with intent to gratify sexual desires, or assault and battery. The court, however, refused defendant's requested instruction to include assault as a lesser included...

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