Brimhall v. State

On March 7, 1970, a Saturday night, a fight broke out in the Sportman’s Bar in Goshen, Indiana, and sometime later a shot was fired in the Bar. In connection with that incident, the appellant was asked to report to the police department for questioning and after the appellant went to the police department in response to this request, he was arrested on a charge of public intoxication. Sometime on the following Monday, March 9, 1970, the appellant was charged by affidavit with assault with intent to kill. The relevant portion of the charging affidavit read as follows:

“that on or about the 8th…