Martin v. State

Appellant was charged by affidavit in two counts. Count one charged appellant with assault upon a child with intent to gratify his sexual desires, under §10-403, Burns’ 1956 Repl. [Acts 1905, ch. 169, §354, p. 584, 1951, ch. 277, §1, p. 825.] 1 The case was tried to a jury who found appellant “guilty of assault and battery as charged in count one of the affidavit.” Appellant was sentenced by the court to one to five years’ imprisonment in the Indiana State Reformatory. From this judgment appellant appeals.

In this case we are confronted by the facts that simple assault and battery is an…