Marine v. State

This appeal comes to us without a copy of the affidavit in appellants’ brief or in the transcript.

Defendants-appellants Michael L. Marine (Marine) and David Endress (Endress) were charged by affidavit with the offense of assault and battery with intent to kill one Bernard Fogle with a machete or corn knife and a shotgun.

The facts most favorable to the State are that Bernard Fogle and a companion were riding in the companion’s car in Lawrenceburg and saw Marine walking down the street. Fogle yelled at Marine, who came to the car and reached inside and put his hands on top of Fogle’s head and…