Smith v. State

Appellant was charged by an affidavit in two counts, count one charging accessory before the fact of armed robbery, under § 9-102, Burns’ 1942 Replacement, and count two charging accessory after the fact of armed robbery, under § 9-103, Burns’ 1942 Replacement. A plea of not guilty was entered, appellant waived trial by jury, the cause was submitted to the court on a plea of not guilty, finding and judgment of guilty on the second count were entered, and sentence followed.

The decision of the court is silent as to the first count, which amounts to a finding of not guilty on that count. Dehoff…