Hash v. State

Appellant was charged by affidavit in two counts: Count I, Theft; Count II, Assault and battery with intent to commit a felony. Trial by court without a jury resulted in a finding of guilty under Count I resulting in a fine of $25 and a sentence to the Indiana State Reformatory for a period of one to five years, which sentence was suspended.

Appellant was found guilty under Count II of the lesser included offense of assault and battery. He was fined $10 and sentenced to the Indiana State Farm for 90 days.

The record discloses the following evidence:

Stephen Ray Carey, a senior at Indiana…