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ELLIS v. STATE

No. 2-373A72.

304 N.E.2d 546 (1973)

Calvin ELLIS, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied January 16, 1974.

Attorney(s) appearing for the Case

J.E. Holwager, Holwager & Harrell, Beech Grove, for appellant.

Theodore L. Sendak, Atty. Gen., Stephen M. Sherman, Deputy Atty. Gen., Indianapolis, for appellee.

WHITE, Judge.

Defendant was tried by the court sitting without a jury and was convicted, as charged, of the offense of assault and battery with intent to kill. He appeals from the judgment sentencing him to imprisonment for two to fourteen years, pursuant to IC 1971, 35-13-2-1, Ind. Ann. Stat. § 10-401a (Burns 1973 Supp.) which reads:

"Whoever with intent to kill another human being perpetrates an assault or assault and battery upon the other human being...

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