CHASTAIN v. STATE

No. 28,956.

233 Ind. 64 (1953)

116 N.E.2d 107

CHASTAIN v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied January 27, 1954.


Attorney(s) appearing for the Case

Ferdinand Samper, of Indianapolis, for appellant.

Edwin K. Steers, Attorney General and Carl M. Franceschini, Deputy Attorney General, for appellee.


FLANAGAN, J.

Appellant was convicted of assault and battery with intent to commit a felony, under § 10-401, Burns' 1942 Replacement.

The affidavit charging the offense is attacked on this appeal. Appellant finds no fault with that part of the affidavit which charges assault and battery, but says that the part alleging an attempt to commit a felony is not clear. It charges that the assault and battery was made with intent to kill.

The question...

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