Nye v. State

Appellant was charged by affidavit with the crime of assault and battery with the intent to commit a felony, to wit: robbery pursuant to Ind. Ann. Stat. § 10-401 (1970 Supp.). Upon a plea of not guilty, trial was had before a jury and appellant was convicted of aggravated assault and battery. Following conviction, appellant was sentenced to the Indiana Reformatory for a period of not less than one [1] nor more than five [5] years.

The sole assignment of error is that the trial court erred in overruling appellant’s motion for new trial. One issue raised in that motion, the sole question with…