Smith v. State

ROBERTSON, C.J. —

William C. Smith (Smith), defendant, appeals his conviction by jury of assault and battery with intent to gratify sexual desires. 1 Smith was sentenced for an indeterminate period of two (2) to twenty-one (21) years.

On Saturday, November 6, 1976, Mrs. Patricia Duncan was babysitting for the prosecutrix, K.V., and her brother while their mother was at work. During that day, Mrs. Duncan, Mrs. William (Sharon) Smith, and Mrs. Rose Blackwell went to the grocery store, leaving the children in the care of the defendant. Upon their return from the grocery store, Mrs. Duncan followed…