Byassee v. State

This is an appeal from a conviction entered on the verdict of a jury from an indictment returned by the Marion County Grand Jury. Appellant was charged with the crime of assault and battery with intent to commit a felony, to-wit: Rape, pursuant to Burns’ Indiana Statutes, Anno., (1968 Supp.),§ 10-401.

Appellant’s sole assignment of error is the Trial Court’s refusal to grant a new trial on the basis that there was insufficient evidence to support the verdict.

There are two material elements of the offense charged:

“. . . To make out a case of assault, or assault and battery with the intent to…