Nicholas v. State

Appellant was charged by indictment with: the crime of murder in the first degree under Acts 1941, ch. 148, §1, p. 447, being §10-3401, Burns’ 1956 Replacement, tried by jury, found guilty of voluntary manslaughter and sentenced accordingly.

The errors assigned are that the trial court erred in overruling appellant’s motion to quash the indictment and in overruling her motion in arrest of judgment.

We are confronted at the outset with a motion by the State to dismiss because the assignment of errors and transcript of record herein were not filed within the time fixed by Rule 2-2 of this court.

Th…