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BATES v. STATE

No. 870S178.

256 Ind. 490 (1971)

269 N.E.2d 749

NATHAN H. BATES, SR. v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied August 24, 1971.

Attorney(s) appearing for the Case

Russell G. Lloyd, Thomas M. Swain, of Evansville, for appellant.

Theodore L. Sendak, Attorney General, William F. Thompson, Assistant Attorney General, M. Daniel Friedland, of counsel, for appellee.

GIVAN, J.

The appellant was charged by affidavit with the crime of assault and battery with intent to kill. Trial before the court without a jury resulted in a finding of guilty of aggravated assault and battery as defined in Burns Ind. Stat., 1970 Supp., § 10-410. Appellant was sentenced to the Indiana State Prison for a period of one to five years.

The record reveals the following facts:

The alleged victim of the attack, Richard Austin, testified...

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