Wedmore v. State

Appellant was charged by affidavit with having carnal knowledge of a female child under the age of sixteen years under Acts 1941, ch. 148, §3, p. 447, being §10-4201, Burns’ 1956 Replacement, tried by jury, found guilty of assault and battery,1 and sentenced to the county jail for 180 days and fined in the sum of $1,000.

Two errors are assigned as follows:

1. The court erred in overruling appellant’s motion to discharge for lack of prosecution.

2. The court erred in overruling appellant’s motion for a new trial.

*216We shall consider the assigned errors in the order mentioned.

First: Appellant asserts…