Liston v. State

Appellant was charged with assault and battery with intent to kill and attempted escape. Upon a plea of not guilty to both counts, appellant was tried without a jury and found guilty of each crime.

A motion for new trial was filed in both cases and appellant obtained permission from this court to consolidate them on appeal.

A review of the evidence most favorable to the state follows: on September 3, 1967, appellant was a prisoner in C block of the Allen County jail. C block contained about fourteen (14) prisoners. To get to the block one would first have to open a steel outside door, walk…