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BROOKS v. STATE

No. 29,136.

233 Ind. 391 (1954)

120 N.E.2d 182

BROOKS v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed June 15, 1954.

Attorney(s) appearing for the Case

Lorin H. Kiely, of Evansville, for appellant.

Edwin K. Steers, Attorney General, and Owen S. Boling and Thomas M. Crowdus, Deputy Attorneys General, for appellee.

FLANAGAN, C.J.

Appellant was convicted of assault and battery with intent to commit murder.

He alleges as error:

1. That the affidavit, not being made by the prosecuting attorney, or the complaining witness, or injured party, should allege the "facts upon which he believed and based" the charges. The affidavit contained the words "as affiant verily believes."

2. That the approval of the affidavit shows...

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