Rogers v. State

Appellant herein was charged by affidavit in two counts: 1) conspiracy to commit murder in the second degree; and 2) assault and battery with intent to kill. Appellant was tried by jury, found not guilty of the charge of assault and battery with intent to kill, and guilty of the charge of conspiracy and sentenced to the Indiana State Prison for a period of not less than two, nor more than 14 years, and fined in the sum of $25.

From such judgment of conviction appellant perfected an appeal to this court.

■ On May 4, 1973, the Attorney General filed for the State of Indiana a “Motion to Dismiss”…