Swope v. State

In a trial by jury, appellant, Leon Swope, was convicted of assault and battery with intent to kill, Ind. Code § 35-13-2-1, being Burns § 10-401a, and infliction of a physical injury with a deadly weapon in the course of a robbery, Ind. Code § 35-13-4-6, being Burns § 10-4101. He was sentenced to two to fourteen years on Count I and to life imprisonment on Count II. Appellant raises eight issues on appeal, all of which he presented in his motion to correct errors.

The facts most favorable to the State show that four or five men drove in appellant’s car to the Radio Shack in Evansville about…