GIVAN, J.
Appellant was charged by indictment with the crime of assault and battery with intent to gratify sexual desires. Upon trial without the intervention of a jury appellant was found guilty as charged and sentenced to the Indiana State Prison for not less than two nor more than 21 years.
The evidence in the case is as follows:
On the 15th day of August, 1968, the alleged victim, a child three years of age, was seen by a neighbor to be admitted...
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