Peachee v. State

This is an appeal from a conviction of appellant of assault and battery with intent to rape. The appellant assigns error (1) in overruling appellant’s motion to dismiss the action, and (2) in overruling appellant’s motion for a new trial.

At the close of the state’s evidence the appellant moved the court to dismiss the action. Liberally construed the motion to dismiss could be considered a motion for a directed verdict. By proceeding to present his evidence, however, the appellant waived any possible error of the court in overruling the motion. Bowen v. State (1920), 189 Ind. 644, 128 N. E.…