Stout v. State

Defendant (Appellant) was convicted in a trial to the judge of Assault and Battery with Intent to Kill and of Kidnapping, being respectively Burns Ind. Ann. Stat. § 10-401a (Acts 1959, ch. 49, §1, p. 119), IC 35-13-2-1 and Burns Ind. Ann. Stat. § 10-2901 (Acts 1905, ch. 169, § 358, p. 584; 1929, ch. 154, § 1, p. 477), IC 35-1-55-1. Two issues are presented by his appeal, to-wit:(1) Sufficiency of the evidence.(2) Illegality of the sentencing.

ISSUE I. Defendant’s argument upon the sufficiency issue is addressed primarily to the kidnapping conviction; however, his theory, if supportable, is…