Smith v. State

Cleveland Smith was charged with one count of kidnapping, IC 1971, 35-1-55-1 (Burns Code Ed.), and one count of pointing and aiming a firearm, IC 1971, 35-1-79-5 (Bums Code Ed.). Pauper counsel was appointed. After a trial by jury, Smith was acquitted on the kidnapping charge and found guilty on the charge of aiming a firearm. Judgment was entered on the verdict, and, on October 2, 1975, Smith was sentenced to a term of not less than one (1) year nor more than three (3) years. Smith’s trial attorney timely filed a motion to correct errors, which was denied. Herbert E. Boase was then appointed…