LOWDERMILK, Judge.
Defendant-appellant Gary T. Seay (Defendant) was charged in two counts with Assault and Battery with Intent to Kill (IC 1971, 35-13-2-1 [Burns Code Ed.]), and Assault and Battery with Intent to Commit a Felony, to wit: Sodomy (IC 1971, 35-1-54-3 [Burns Code Ed.]). He was convicted of the lesser included offense of Aggravated Assault and Battery (IC 1971, 35-13-3-1 [Burns Code Ed.]) as to Count I of the information, and was acquitted as to Count...
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