Summerlin v. State

This is an appeal by Austin Summerlin, appellant, who was charged by affidavit with assault with intent to kill, pursuant to IC 1971, 85-18-2-1 (Ind. Ann. Stat. § 10-401a [1970 Supp.]). Upon pleas of not guilty and not guilty by reason of insanity at the time of the alleged offense, trial was had before a jury and appellant was convicted of assault and battery with intent to kill. Following conviction, appellant was sentenced to the Indiana State Prison for a period of two (2) to fourteen (14) years.

Appellant presents five issues for review. First, he asserts an unreasonable limitation of…