GRIMES v. STATE

No. 3-375A42.

353 N.E.2d 500 (1976)

Eugene GRIMES, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

September 1, 1976.


Attorney(s) appearing for the Case

James E. Foster, Hammond, for appellant.

Theodore L. Sendak, Atty. Gen., John R. O'Bryan, Deputy Atty. Gen., Indianapolis, for appellee.


STATON, Presiding Judge.

Eugene Grimes was charged with rape (statutory) of a thirteen-year-old girl. IC 1971, 35-13-4-3 (Burns Code Ed.). After a jury trial, he was convicted of assault and battery with intent to commit a felony. IC 1971, 35-1-54-3 (Burns Code Ed.). He was sentenced to a term of not less than one (1) nor more than ten (10) years. His belated appeal to this Court raises the following issues:

(1) Did the trial court err in allowing an amendment...

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