SMITH v. STATE

No. 30,791.

247 Ind. 126 (1965)

211 N.E.2d 186

SMITH v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied December 21, 1965.


Attorney(s) appearing for the Case

Virgil J. McCarty, Thomas J. O'Connor, and McCarty & O'Connor, of Brookville, for appellant.

John J. Dillon, Attorney General, and Raymond I. Klagiss, Deputy Attorney General, for appellee.


ARTERBURN, J.

The appellant was charged in four counts with:

1. Assault. 2. Drawing a dangerous weapon. 3. Assault with intent to murder, and 4. Resisting arrest by a sheriff by the use of a loaded shotgun.

He was found not guilty on all counts except the fourth (resisting arrest), under which he was found guilty of "simple assault". The jury's verdict was as follows:

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