Hale v. State

The appellant was convicted by a jury of assault and battery with intent to gratify sexual desires on a twelve (12) year old girl under Ind. Ann. Stat. § 10-403 (Supp. 1967). The first issue presented by the appellant raises the question of the sufficiency of the evidence to satisfy the requisite intent.

The applicable rules of law are well settled in this regard. The leading case of Baker v. State (1956), 236 Ind. 55, 138 N. E. 2d 641 clearly defines our duty as to questions concerning the sufficiency of the evidence. While this Court will not weigh the evidence, it must be determined if…