Swininger v. State

Defendants (Appellants) were convicted in a joint trial to a jury of (1) inflicting injury in the commission of a robbery, 1 (2) commission of a felony (robbery) while armed, 2 and (3) assault and battery. 3

All charges arose from the armed robbery of Vearl Hertel, at his package liquor store in the town of Brookville, Franklin County, and a physical injury inflicted upon him in the course of such robbery. The defendants were apprehended while attempting to escape, immediately following the robbery. They were each sentenced to life imprisonment upon the charge of inflicting injury and to…