PAYNE v. STATE

No. 30,306.

243 Ind. 400 (1962)

186 N.E.2d 9

PAYNE v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed November 12, 1962.


Attorney(s) appearing for the Case

Chester Wilson, of Indianapolis, for appellant.

Edwin K. Steers, Attorney General, and Donald L. Adams, Deputy Attorney General, for appellee.


ARTERBURN, C.J.

The appellee, the State of Indiana, has filed a motion to dismiss this appeal on the ground that the appellant has not made a proper Assignment of Errors. Specifically, the appellant has not assigned the overruling of a motion for a new trial as error, but has instead set out the specific items listed in the motion for a new trial as errors in the Assignment of Errors. Rule 2-6, as adopted June 28, 1960, provides that

"... an assignment of...

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