Bernard v. State

The appellant herein is appealing from a conviction in the criminal court of Marion County, Indiana, of assault and battery with intent to murder and being an habitual criminal in two (2) counts, and of the commission of a felony, grand larceny, while armed.

Prosecution was commenced on the basis of two (2) indictments charging the appellant with the above stated crimes, appellant entered a plea of not guilty and thereafter trial was had by jury. The trial resulted in the jury finding appellant guilty on both indictments.

The error assigned and relied upon by the appellant is the overruling of…