Kelly v. State

This is an appeal by James B. Kelly from a judgment in the Marion Criminal Court, Division One, convicting him of Assault and Battery With Intent to Commit a Felony. Appellant waived a jury trial and the cause was tried before the Honorable John Tranberg, Judge Pro Tempore, on February 11, 1971. Appellant was charged with rape of a child under the age of sixteen (16) years pursuant to I. C. 1971, 35-13-4-3, (Ind. Ann. Stat. § 10-4201 [1956 Repl.]), but was found guilty of the lesser included offense and sentenced to the Indiana State Prison for one (1) to ten (10) years. Appellant’s Motion to…