Nahas v. State

Appellant was indicted of assault and battery. The caption of the charge read:

“State of Indiana, County of LaPorte, ss:

In the LaPORTE SUPERIOR COURT,

MAY TERM, 1938.

STATE OF INDIANA vs. GEORGE NAHAS, No. 1513.

INDICTMENT FOR ASSAULT AND BATTERY.”

The body of the instrument recited, in the language of the statute (§10-403 Burns 1933, §2412 Baldwin’s 1934), that on or about September 3, 1938, “one George Nahas, late of said county,” committed an assault and battery on one Charles Skibo. There was no specific allegation fixing the situs of the offense.

The record affirmatively shows that the…