Hamilton v. State

The appellant was charged in the court below in two counts with the crime of assault and battery-sex, on a child of the age of twelve years. He was tried by the court without a jury. The court found the appellant guilty merely of assault and battery. The appellant directed a motion to quash against the affidavit on the grounds that each of the counts did not state the offense with sufficient certainty. Appellant’s contention in that regard was concerned with the language of the second portion of the statute that per tains to the sex characteristics of the offense alone. The statute reads as…