Loza v. State

Defendant (Appellant-Respondent) was charged with assault and battery with intent to kill and was convicted in a trial by jury of aggravated assault and battery and was sentenced to imprisonment for a term of not less than one nor more than five years under Burns § 10-410; Ind. Code *128§ 35-13-3-1; Acts 1963, ch. 122, § l.1 The judgment of the trial court was reversed by the Court of Appeals, Third District. (See 316 N.E.2d 678). The appeal raises seven general issues.

ISSUE I. The Court of Appeals reversed the judgment of the trial court upon this issue. The State has petitioned for transfer…