Simmons v. State

*438Case Summary

Buchanan, J.

Defendant-Appellant Robert Simmons (Simmons) appeals from a conviction of Sodomy and Assault and Battery with Intent to Gratify Sexual Desires claiming insufficient evidence and error in denying his Motion for Discharge due to delay of trial.

We affirm.

FACTS

The evidence and facts most favorable to the State are as follows:

On the afternoon of Saturday, October 7, 1972, an eleven-year-old male child was returning home from the store. As he passed by the residence of Simmons at 119 West 22nd Street, Indianapolis, Indiana, Simmons, a male thirty-five years of age, beckoned…