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MILLER v. STATE

No. 30,100.

242 Ind. 678 (1962)

181 N.E.2d 633

MILLER v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed April 11, 1962.

Attorney(s) appearing for the Case

Robert S. McCain and David Keller, both of Fort Wayne, for appellant.

Edwin K. Steers, Attorney General, and Carl E. Van Dorn, Deputy Attorney General, for appellee.

BOBBITT, J.

Appellant was charged by indictment with murder in the second degree under Acts 1905, ch. 169, § 350, p. 584, being § 10-3404, Burns' 1956 Replacement, tried by jury, found guilty as charged and sentenced accordingly.

The sole error assigned is the overruling of appellant's motion for a new trial.

We need be concerned only with the specifications for a new trial numbered 4 and 5, which are: (4) that the verdict of the jury is...

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