Jones v. State

Appellant was charged with the offense of assault and battery with intent to kill and found guilty by the .court of the lesser included offense of aggravated assault and' battery. Upon this conviction appellant was sentenced to the Indiana State Reformatory for not less than one nor more than five years.

The evidence in this case is as follows:

At about 11:30 P.M. on November 15, 1966, the prosecuting witness, Kenneth Noe, delivered fuel oil to an apartment in the 1400 block of Roosevelt Drive, Indianapolis. After making the delivery, Noe started walking back to his truck, which was parked in…