MOORE, ALIAS BEVERLY v. State

Appellant was charged by affidavit and found guilty of assault and battery with intent to commit a felony, to-wit: robbery. Burns’ Ind. Stat. Ann. § 10-401.

Where a defendant is charged with assault and battery with intent to commit a robbery the state must produce substantial evidence of probative value to establish not only the .commission of the assault and battery, but also to show the defendant’s intent to rob the victim. Durbin v. State (1957), 236 Ind. 379, 140 N. E. 2d 510.

The facts are these: On January 14, 1968, at approximately 1:00 a.m., William Arnold, the prosecuting witness,…