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FISHER v. STATE

No. 30,634.

247 Ind. 529 (1966)

219 N.E.2d 818

FISHER v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed September 22, 1966.

Attorney(s) appearing for the Case

Robert L. Wyttenbach, David B. Caldwell, and Wyttenbach, White & Caldwell, of Indianapolis, for appellant.

John J. Dillon, Attorney General, and Raymond I. Klagiss, Deputy Attorney General, for appellee.

RAKESTRAW, C.J.

The appellant was charged by affidavit with the crime of robbery. After a trial to the court without a jury, the appellant was found guilty of the lesser-included offense of assault with intent to commit a felony, to-wit, larceny. The appellant was sentenced to the Indiana State Prison for a period of not less than one year nor more than ten years.

In his motion for a new trial, the appellant maintains...

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