MOISE, Justice.
Defendant-appellant was tried and convicted by the court without a jury on the charge of having "Joyce Green McCormick, a female minor, in his possession for evil purposes, to-wit, sexual intercourse, the said Joyce Green McCormick being then under the care of her mother, Mrs. Thelma Green * * *."
The statute allegedly violated is § 40-39-9, N.M.S.A. 1953, which reads as follows:
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