Valentine v. State

This is an appeal by Elijah C. Valentine from a conviction of aggravated assault and battery. The appellant was charged by affidavit with the felony of assault and battery with intent to kill, but he was found guilty of the lesser included offense. Trial was to a jury, and judgment was rendered on the verdict. Appellant was fined one hundred dollars ($100), and sentenced to the Indiana State Prison for a period of not less than one (1) nor more than five (5) years. The fine was suspended because of the imposition of sentence.

The allegations of error raised by appellant on appeal are as…