Dunkle v. State

This is an appeal from a judgment of the trial court finding appellant guilty under two separate counts. The first is that of drawing a dangerous weapon, under Acts 1905, ch. 169, §448, p. 584 [§10-4707, Burns’ 1956 Repl.]. Under count two, appellant was charged with aiming or pointing a deadly weapon, in violation of §452 of the Acts, supra [§10-4708]. The appellant was fined $500 and sentenced to 90 days in the county jail under count one, and fined in the sum of $500 under count two.

The facts, insofar as here are pertinent, may be summarized as follows:

On June 22, 1959, a deputy sheriff by…