(Download) "Hamilton v. State Indiana" by 558 Supreme Court of Indiana No. 29 ~ Book PDF Kindle ePub Free
eBook details
- Title: Hamilton v. State Indiana
- Author : 558 Supreme Court of Indiana No. 29
- Release Date : January 23, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
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 with the language of the second portion of
the statute that pertains to the sex characteristics of the offense alone. The statute reads as follows: "Assault and battery. -- Whoever in a rude, insolent or angry manner, unlawfully touches another, is guilty of an assault
and battery, and on conviction, shall be fined not more than one thousand dollars ($1,000), to which may be added imprisonment
in the county jail not exceeding six (6) months: Provided, That whenever in the commission of the offense any person removes,
tears, unbuttons, unfastens, or attempts to remove, tear, unbutton, or unfasten any clothing of any child of the opposite
sex or fondles or caresses the body or any part thereof of such child who is of the age of 16 years or under, with the intent
to gratify the sexual desires or appetites of the offending person or, under circumstances which frighten, excite, or tend
to frighten or excite such child, the punishment shall be imprisonment in the Indiana state prison for a period of time of
not less than one (1) year nor more than five (5) years." Acts 1951, ch. 277, § 1, p. 825, being § 10-403,
Burns' 1956 Replacement.