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FULTZ v. STATE

No. 30,829.

250 Ind. 43 (1968)

233 N.E.2d 243

FULTZ v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied March 20, 1968.

Attorney(s) appearing for the Case

William D. Ruckelshaus, of Indianapolis, and Charles V. Livengood, of Richmond, for appellant.

John J. Dillon, Attorney General, Donald R. Ewers, Assistant Attorney General, and Murray West, Deputy Attorney General, for appellee.

JACKSON, J.

Appellant was charged by affidavit with the crime of assault and battery with intent to kill. The affidavit, omitting heading, formal parts and signatures thereto, reads as follows, to-wit:

"Before me, Wayne L. Tash, Prosecuting Attorney, 17th Judicial Circuit of Indiana, personally came James M. Brockman who, being duly sworn, upon his oath says that Kenneth Fultz, late of Wayne County, State of Indiana, on the 20th day of July A.D., 1964, at...

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