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THOMAS v. STATE

No. 969S197.

254 Ind. 600 (1970)

261 N.E.2d 588

THOMAS v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed September 8, 1970.

Attorney(s) appearing for the Case

John G. Bunner, of Evansville, for appellant.

Thedore L. Sendak, Attorney General, William F. Thompson, Deputy Attorney General, for appellee.

No petition for rehearing filed.

GIVAN, J.

Appellant was charged in the court below with the crime of assault and battery with intent to kill as defined in Burns Ind. Stat., 1969 Supp., § 10-401a. A jury trial resulted in a verdict of guilty of aggravated assault and battery as defined in Burns Ind. Stat., 1969 Supp., § 10-410.

The facts in this case are as follows:

The appellant and one Dorothy Thomas were husband and wife on January...

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