Zink v. State

Dissenting—I am unable to concur in the majority opinion and dissent thereto.

Appellant, with three other co-defendants, was charged by affidavit with the crime of assault and battery with intent to commit robbery. The issues were formed by the filing of an amended count number one of the affidavit and appellant’s plea of not guilty.

The affidavit, as amended, omitting formal parts and signatures, in pertinent part reads as follows:

“COUNT ONE:

Robert Clarkson, Jr., being duly sworn upon his oath says that James Zink, Robert Terry Miller, Jackie Miller and Dave Alumbaugh, late of said County, on…