SUMMERLIN v. STATE

No. 1070S257.

256 Ind. 652 (1971)

271 N.E.2d 411

AUSTIN SUMMERLIN v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed July 19, 1971.


Attorney(s) appearing for the Case

Henry A. Pictor, Rising Sun, for appellant.

Theodore L. Sendak, Attorney General, David H. Kreider, Deputy Attorney General, for appellee.


HUNTER, J.

This is an appeal by Austin Summerlin, appellant, who was charged by affidavit with assault with intent to kill, pursuant to IC 1971, 35-13-2-1 (Ind. Ann. Stat. § 10-401a [1970 Supp.]). Upon pleas of not guilty and not guilty by reason of insanity at the time of the alleged offense, trial was had before a jury and appellant was convicted of assault and battery with intent to kill. Following conviction, appellant was sentenced to thc Indiana State Prison...

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