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:
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