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SIMPSON v. STATE

No. 3-1174A182.

333 N.E.2d 303 (1975)

Herschel SIMPSON, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

September 8, 1975.

Attorney(s) appearing for the Case

David H. Miller, Lebamoff, Ver Wiebe & Snow, Fort Wayne, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., Robert F. Colker, Asst. Atty. Gen., Indianapolis, for plaintiff-appellee.

Before STATON, P.J., and GARRARD and HOFFMAN, JJ.

PER CURIAM:

Appellant Simpson was convicted of assault and battery and herein appeals the sufficiency of the evidence to support that conviction.

We affirm.

The facts most favorable to the State are as follows:

Simpson had been acquainted with the prosecuting witness for two years and went to her home at approximately 12:30 a.m. on December 14, 1973. Simpson made sexual advances and was rebuked....

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