Jessup v. State

Appellant was charged by affidavit in three counts: Count 1) Assault and battery with intent to commit a felony, to-wit: murder; Count 2) Aggravated assault and battery, and Count 3) Habitual criminal. Trial by jury resulted in a verdict of guilty of aggravated assault and battery and a finding that the appellant was an habitual criminal as charged in Count 3. The court first imposed sentence on the finding of guilty of aggravated assault and battery and sentenced the appellant to the Indiana State Prison for not less than one nor more than five years, and further upon the find ing that the…