Kain v. State

This is an appeal from a judgment on a verdict finding appellant guilty of reckless homicide, for which he was sentenced to the Indiana State Prison for a term not less than one (1) nor more than five (5) years, and fined in the sum of $500.00. The errors assigned here are that the trial court erred in overruling appellant’s motion to quash the second amended affidavit and in overruling appellant’s motion for a new trial.1

The amended affidavit is as follows:

“Affiant, being duly sworn, upon his oath says that upon information and belief on or about the 17th day of June, A.D. 1950, at and in…