CROSS v. STATE

No. 29,063.

232 Ind. 564 (1953)

114 N.E.2d 638

CROSS v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied November 3, 1953.


Attorney(s) appearing for the Case

Henry R. Wilson and Howard R. Hooper, of Indianapolis, for appellant.

Edwin K. Steers, Attorney General and Owen S. Boling, Deputy Attorney General, for appellee.


DRAPER, J.

The appellant was found guilty of assault and battery. His motion for new trial, which specified that the finding of the court was not sustained by sufficient evidence and was contrary to law, was overruled. This appeal followed.

The evidence on behalf of the state discloses that Joseph Scott, the prosecuting witness, was washing windows in the vestibule of the restaurant where he worked. He opened the door so that the appellant, who was a total...

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