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WAGNER v. STATE

No. 30,798.

249 Ind. 457 (1968)

233 N.E.2d 236

WAGNER v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed January 25, 1968.

Attorney(s) appearing for the Case

Don R. Money, of Indianapolis, for appellant.

John J. Dillon, Attorney General, and Kenneth M. Waterman, Deputy Attorney General, for appellee.

MOTE, J.

Frank Wagner, Appellant, was charged by affidavit filed in Division Two of the Marion County Criminal Court with the crime of "Violation of the 1935 Narcotic Act, (as amended)," "Count One." Omitting the formal parts, said affidavit was as follows:

"BE IT REMEMBERED, that, on this day, before me, Noble R. Pearcy, Prosecuting Attorney of the Nineteenth Judicial Circuit, personally came William Owen, who being duly sworn, upon his oath says that Frank...

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