Martin v. State

— Appellant was charged, in two counts, with assault and battery with intent to gratify his sexual desires, under the alternative provisions of Acts 1951, ch. 277, §1, p. 825, being §10-403, Burns’ 1956 Repl. He was found guilty of assault and battery as an included offense within the first count, and was sentenced accordingly.

Appellant asserts three basic grounds for reversal:

1. That the court erred in overruling appellant’s motion to dismiss and discharge the appellant, because of the failure of the state to prosecute the action within the provisions of the three-term statutes Acts 1905,…