Mattingly v. State

Appellant was charged by affidavit with conspiring with his brother Wilson Mattingly and one William Ausley under Acts 1905, ch. 169, §641, p. 584, being §10-1101, Burns’ 1956 Replacement, to commit a felony, to-wit: “to break and enter into Reed’s Barbershop in Mount Vernon, Indiana, ... to take, steal and carry away the goods, chattels and personal property of Jesse Reed . . . .”

He was separately tried by the court, without the intervention of a jury, found guilty as charged and sentenced to the Indiana Reformatory.

Two questions are presented for our consideration.

First: Appellee asserts…