Bush v. State

Appellant was indicted under Acts 1951, ch. 277, §1, p. 825, being §10-403, Burns’ 1956 Replacement, for assault and battery with intent to gratify sexual desires; tried by jury, found guilty as charged, and sentenced accordingly.

Two questions are presented for our consideration.

1. Did the trial court err in overruling appellant’s motion in arrest of judgment?

2. Is there evidence sufficient to support the verdict of the jury?

We shall consider these questions in the order named.

First: Appellant asserts that his motion in arrest should have been sustained on the ground that the facts stated in…