Shive v. State

In the trial court appellant was charged by an amended affidavit in two counts. The first charged assault and battery with intent to commit a felony, and the second charged an assault with intent to commit a felony. To each count defendant entered a plea of not guilty.

Trial by jury resulted in a verdict of guilty on the second count, and upon this verdict the court rendered judgment, sentencing thé defendant to the Indiana State Prison not less than one or more than ten years.

The assignment of error questions only the overruling of the motion for new trial. This motion contains four reasons.…