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WILSON v. STATE

No. 28,946.

232 Ind. 495 (1953)

112 N.E.2d 449

WILSON v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied August 4, 1953.

Attorney(s) appearing for the Case

Johnson, Stewart & Austin, of Anderson, for appellant.

J. Emmett McManamon, Attorney General, and William T. McClain and John Ready O'Connor, Deputy Attorneys General, for appellee.

EMMERT, J.

The appellant was prosecuted by affidavit for assault and battery with the intent to commit a felony, to-wit: murder. The jury returned a verdict finding appellant guilty of an assault and battery, and fixed his punishment at six months imprisonment plus a fine in the sum of $1,000.00. Upon examination of the record we were of the opinion that no judgment had been entered on the verdict, and pursuant to Rule 2-3, we retained jurisdiction of the

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