Brown v. State

The appellant was informed against by a two-count information. Count I alleged breaking and entering of a dwelling house and assault on persons lawfully therein. Count II alleged a lewd and lascivious or indecent assault upon male minors under the age of fourteen years. The appellant was found guilty as to the first count on the lesser included offense of entering without breaking, and guilty of Count II although the evidence indicated the assault was singular rather than plural. However, the written judgment indicated a conviction on both counts as alleged.

We affirm the convictions as orally…