Wharff v. State

The appellant was prosecuted by affidavit for assault and battery. A trial by a jury resulted in a verdict of guilt upon which judgment was rendered. His motion for a new trial is predicated upon the error of the court in instructing the jury upon its own motion. Other assignments are waived by failure to discuss.

At the outset the appellant is met by an objection from the Attorney General in which he points out that the instructions are not legally in the record, or before the court in the manner provided by Sec. 9-2105 Burns’ Ind. St. 1983, § 2317 Baldwin’s 1934. This section, after…