Smith v. State

This cause is an appeal from a conviction of Assault and Battery with Intent to Kill, I.C. 1971,35-13-2-1 (Burns Code Ed.), for which the appellant Smith was sentenced to an indeterminate term of two to fourteen years. Judgment was entered June 2, 1977.

On April 7,1978, nearly seven months after the attorney for appeal requested payment of his fee, and over ten months after judgment was entered, a petition to file a belated motion to correct errors and a motion to correct errors were filed. The petition was granted and the motion was denied. Thereafter the appeal was perfected in a timely…