ARTERBURN, C.J.
The appellant was charged in the court below in two counts with the crime of assault and battery-sex, on a child of the age of twelve years. He was tried by the court without a jury. The court found the appellant guilty merely of assault and battery. The appellant directed a motion to quash against the affidavit on the grounds that each of the counts did not state the offense with sufficient certainty. Appellant's contention in that regard was concerned...
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