Johnson v. State

*636Hunter, J.

This is an appeal by Stanley Leroy Johnson, appellant (defendant below), from a conviction for Assault and Battery with Intent to Gratify Sexual Desires, pursuant to IC 1971, 35-1-54-4 (Ind. Ann. Stat. § 10-403 [1971 Supp.]), which reads in part as follows:

“Whoever in a rude, insolent or angry manner, unlawfully touches another, is guilty of assault and battery . . . [Wjhenever in the commission of the offense any person removes, tears, unbuttons, unfastens, or attempts to remove, tear, unbutton or unfasten any clothing of any child who has attained his or her twelfth (12) birthday…