Thomas v. State

Appellant was charged in the court below with the crime of assault and battery with intent to kill as defined in Burns Ind. Stat., 1969 Supp., § 10-401a. A jury trial resulted in a verdict of guilty of aggravated assault and battery as defined in Burns Ind. Stat., 1969 Supp., § 10-410.

The facts in this case are as follows:

The appellant and one Dorothy Thomas were husband and wife on January 29, 1969, living together in the city of Evansville. The parties had been having marital difficulties. In the morning of that day the appellant called his wife at work and told her that he was going to get…