Hoy v. State

This is an appeal from a judgment of the Monroe Circuit Court convicting the appellant of the felony of robbery (§ 10-4101, Burns’ 1942 Replacement) and sentencing him to the Indiana State Prison for a term not less than 10 nor more than 25 years. The error assigned is the trial court’s overruling the appellant’s motion for new trial.

The record discloses that the State of Indiana, on the 10th day of December, 1946, filed an affidavit in two counts, the first charging the appellant with the robbery of Bob Y. Jean on the 9th day of December, 1946, and the second count charging appellant with…