Petillo v. State

Appellant was charged by affidavit with the alleged offense of assault and battery with intent to commit a felony, to wit: Murder, under § 10-401, Burns’ 1942 Replacement. Appellant waived trial by jury. The cause was submitted to the court on a plea of not guilty. Finding, judgment, and sentence followed.

On appeal to this court, appellant has assigned as error the overruling of his motion for new trial and the overruling of his motion for discharge at the close of the State’s evidence.

Appellant contends that there was not sufficient evidence and that the decision of the court was contrary to…