SIMCOX v. STATE

No. 2-974A219.

330 N.E.2d 391 (1975)

Gale G. SIMCOX, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

July 9, 1975.


Attorney(s) appearing for the Case

Donald G. Fern, Peru, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., Harry John Watson, III, Deputy Atty. Gen, Indianapolis, for plaintiff-appellee.


HOFFMAN, Judge.

Defendant-appellant Gale G. Simcox (Simcox) was convicted of the crime of assault and battery with intent to commit a felony following a trial before a jury. His motion to correct errors was overruled, and this appeal was perfected.

The statements of fact and inferences therefrom most favorable to the State in the record of this cause establish that on the night of January 23, 1974, appellant-Simcox approached the intersection of Second and...

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