GIVAN, J.
Appellant was charged with the offense of assault and battery with intent to kill and found guilty by the court of the lesser included offense of aggravated assault and battery. Upon this conviction appellant was sentenced to the Indiana State Reformatory for not less than one nor more than five years.
The evidence in this case is as follows:
At about 11:30 P.M. on November 15, 1966, the prosecuting witness, Kenneth Noe, delivered fuel oil...
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