Payne v. State

— The appellee, the State of Indiana, has filed a motion to dismiss this appeal on the ground that the appellant has not made a proper Assignment of Errors. Specifically, the appellant has not assigned the overruling of a motion for a new trial as error, but has instead set out the specific items listed in the motion for a new trial as errors in the Assignment of Errors. Rule 2-6, as adopted June 28,1960, provides that

“... an assignment of error on appeal to the effect that the trial court erred in overruling said motion [for a new trial] shall be the only means of raising said asserted…