Parker v. State

— The appellant was charged by affidavit with the crime of assault and battery with intent to gratify sexual desires under Burns’ §10-403. After a jury trial the appellant was found guilty and sentenced to one to five years in prison.

The appellant first claims that the trial court erred in overruling his motion to quash the indictment. However, an examination of the record shows that the appellant failed to list such a specification in his motion for a new trial, as required under Rule 2-6 of this court. We further point out that the motion to quash failed to include a memorandum, as required…