Reynolds v. State

The indictment against appellant was in three counts. The first charged appellant and one Hawley with the crime of robbery, under section 1987, Burns’ R, S. 1894 (1914, R. S. 1881). The second and third counts charged the offense of assault and battery with intent to commit the crime of robbery, under section 1982, Burns’ B. S. 1894 (1909, R. S. 1881). There was a separate trial of appellant by jury, and a verdict of guilty returned as charged in the first count of the indictment, and over a motion for a new trial, judgment was rendered upon the verdict.

The only error assigned and not waived…