Bates v. State

The appellant was charged by affidavit with the crime of assault and battery with intent to kill. Trial before the court without a jury resulted in a finding of guilty of aggravated assault and battery as defined in Burns Ind. Stat., 1970 Supp., § 10-410. Appellant was sentenced to the Indiana State Prison for a period of one to five years.

The record reveals the following facts:

The alleged victim of the attack, Bichard Austin, testified that he was moving from a house which he had rented from the appellant. While Mr. Austin and his family were in the process of moving, the appellant came to…