Concurring Opinion
Hoffman, J.— I concur in the result of the majority opinion and resolve the question raised of the crime of aggravated assault and battery being a lesser included offense of assault and battery with intent to kill under the affidavit and facts of this case solely on the basis of the case of Layne v. State (1975), 164 Ind. App. 486, 329 N.E.2d 612 (transfer denied). I follow both the First and Second District cases as precedent in this District.
Note. — Reported at 354. N.E.2d 293.