SMITH v. STATE

No. 2-672A20.

314 N.E.2d 792 (1974)

Sylvester Monroe SMITH, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

July 31, 1974.


Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, Carr L. Darden, Sr., Deputy Public Defender, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Robert F. Colker, Asst. Atty. Gen., Indianapolis, for appellee.


WHITE Judge.

Appellant Smith (petitioner) petitioned the court below for post conviction relief from a two year determinate sentence of imprisonment for violation of the 1935 Firearms Act and a one-to-ten year indeterminate sentence for assault and battery with intent to rob. A hearing was held and relief was denied.

We affirm.

The only grounds of appeal are that the court erred in finding that "Petitioner has failed to prove by a preponderance of...

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