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LAYTON v. STATE

No. 268S33.

251 Ind. 205 (1968)

240 N.E.2d 489

LAYTON v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed September 27, 1968.

Attorney(s) appearing for the Case

Bob Good, Donald L. Brunner and Brunner, Brown & Brunner, of counsel, all of Shelbyville, for appellant.

John J. Dillon, Attorney General, Douglas B. McFadden, Assistant Attorney General, and Rex P. Killian, Deputy Attorney General, for appellee.

ARTERBURN, J.

This is the second appeal for the appellant, Michael Walton Layton. (See Layton v. State (1966), 248 Ind. 52, 221 N.E.2d 881.) He was originally charged in Count One with first degree (premeditated) murder and in Count Two with murder while engaged in the perpetration of a robbery occurring on September 22, 1960. At the conclusion of the first trial in 1961, the jury...

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