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EATON v. STATE

No. 29,588.

238 Ind. 434 (1958)

151 N.E.2d 292

EATON v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed June 25, 1958.

Attorney(s) appearing for the Case

Sidney L. Berger, of Evansville, and DeRoo Weber, of Mt. Vernon, for appellant.

Edwin K. Steers, Attorney General, and Owen S. Boling, Deputy Attorney General, for appellee.

LANDIS, J.

Appellant was convicted after a jury trial of the crime of blackmail for which he was sentenced one to five years. He appeals from the judgment assigning as error the overruling of his motion for new trial.

Appellant contends the court erred in giving to the jury instruction No. 1, which is as follows:

"You are instructed that in this case if it is proven beyond a reasonable doubt that the defendant threatened to make accusations to Henry...

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