Smith v. State

Appellant was charged by affidavit under Acts 1929, ch. 54, §3, p. 136, being §10-4710, Burns’ 1956 Replacement, with the crime of automobile banditry, tried by jury, found guilty as charged, and sentenced to the Indiana State Prison for a term of ten years.

Counsel for appellant, in oral argument, waived all questions discussed in the argument section of appellant’s brief except the overruling of his motion to quash the affidavit and the introduction into evidence, over his timely objection, of a certain gun, holster and clip.

First: Appellant asserts that the trial court erred in overruling…