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IVES v. STATE

No. 768S115.

252 Ind. 129 (1969)

246 N.E.2d 389

IVES v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed April 11, 1969.

Attorney(s) appearing for the Case

Frederick B. Robinson, of Indianapolis, for appellant.

Theodore L. Sendak, Attorney General, Murray West, Deputy Attorney General, for appellee.

GIVAN, J.

The appellant was convicted by the Court without the intervention of a jury of the crime of assault and battery with intent to kill as described in Burns' § 10-401a. The pertinent parts of the statute read as follows:

"Whoever with intent to kill another human being perpetrates an assault or assault and battery upon the other human being, shall upon conviction, be imprisoned in the state prison for not less than two (2) nor more than fourteen...

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