SMITH v. STATE

No. 2-778A225.

382 N.E.2d 177 (1978)

Cornelius SMITH, Jr., Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

November 15, 1978.


Attorney(s) appearing for the Case

John Muller, Indianapolis, for appellant.

Theo. L. Sendak, Atty. Gen., Jack R. O'Neill, Deputy Atty. Gen., Indianapolis, for appellee.


YOUNG, Judge.

This cause is an appeal from a conviction of Assault and Battery with Intent to Kill, I.C. 1971, 35-13-2-1 (Burns Code Ed.), for which the appellant Smith was sentenced to an indeterminate term of two to fourteen years. Judgment was entered June 2, 1977.

On April 7, 1978, nearly seven months after the attorney for appeal requested payment of his fee, and over ten months after judgment was entered, a petition to file a belated motion to correct...

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