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GUFFEY v. STATE

No. 1-1277S307.

386 N.E.2d 692 (1979)

Kenneth A. GUFFEY, Sr., Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

Rehearing Denied April 16, 1979.

Attorney(s) appearing for the Case

William F. Marshall of Dalmbert & Marshall, Columbus, for appellant.

Theo. L. Sendak, Atty. Gen., Terry G. Duga, Deputy Atty. Gen., Indianapolis, for appellee.

ROBERTSON, Judge.

Kenneth A. Guffey, Sr. was found guilty in a trial by jury of assault and battery with intent to gratify sexual desires1 and brings this appeal raising three issues: sufficiency of the evidence; the trial court's refusal to grant a new trial on the basis of newly discovered evidence; and the giving of an "Allen" type charge to break a jury deadlock.

We affirm.

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