Shaw v. State

The appellant was charged with assault and battery with intent to commit a felony, namely, murder, under Section 10-401, Burns’ 1956 Repl. He was tried to a jury and found guilty as charged and sentenced to the Indiana State Prison for a period of not less than one nor more than ten years.

Appellant assigns error in the overruling of a motion for a new trial in which he contends that the verdict of the jury is contrary to law and is not sustained by sufficient evidence. Appellant insists that there is a material variance and failure of evidence “in that the affidavit alleges that appellant…