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SANDERS v. STATE

No. 667S26.

249 Ind. 344 (1968)

232 N.E.2d 591

SANDERS v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed January 9, 1968.

Attorney(s) appearing for the Case

Rice and VanStone, of Evansville, for appellant.

John J. Dillon, Attorney General, and Duejean Clements Garrett, Deputy Attorney General, for appellee.

ARTERBURN, J.

The appellant was charged with assault and battery with intent to kill under Burns' Ind. Stat. Anno. § 10-401a (Supp. 1967). He was found guilty of assault and battery with intent to commit a felony, being Burns' Ind. Stat. Anno. § 10-401 (Supp. 1967). The affidavit charging the offense reads as follows:

"AFFIDAVIT FOR ASSAULT AND BATTERY WITH INTENT TO KILL State of Indiana, Vanderburgh County, ss: HERBERT HODGE...

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