Noel v. State

This appeal stems from the denial of a petition for post conviction relief arising out of Noel’s conviction of assault and battery with intent to commit a felony, to-wit: murder. Noel was sentenced to a term of not less than two [2] years nor more than fourteen [14] years in the Indiana State Prison.

The substantive issues on appeal are framed by the court’s finding on Noel’s petition for post conviction relief. The court’s findings and judgment thereon, omitting the formal parts, are as follows, to-wit:

“SPECIAL FINDINGS OF FACT & JUDGMENT The Court now finds that defendant was found guilty by…