HUNTER, C.J.
Appellant was charged by indictment in two counts with the crimes of rape and incest. Trial before the court resulted in a verdict of guilty as to the first count on the lesser included offense of assault and battery with intent to commit rape. Appellant's motion for discharge at the close of the state's case on the second count charging appellant with incest was sustained. Upon the court's verdict, appellant was sentenced to the Indiana State Prison...
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