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GUNDER, ET AL. v. STATE

No. 867-S-59.

250 Ind. 689 (1968)

238 N.E.2d 655

EDWARD E. GUNDER, ET AL. v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing Granted September 26, 1968.

Attorney(s) appearing for the Case

Howard S. Grim, Jr., and Edgar A. Grim, of Kendallville, for appellants.

John J. Dillon, Attorney General, and Dennis J. Dewey, Deputy Attorney General, for appellee.

PER CURIAM.

This is an appeal from the conviction of theft. The appellants appealed from their conviction in the Noble Circuit Court on count two of the affidavit charging theft which reads as follows:

"Roy Sayles, Jr., being first duly sworn upon his oath, and for a second count, says that on or about the 3rd day of February, 1967, in the County of Noble, State of Indiana, that Edward E. Gunder, and Kenneth L. Morris and James R. Myers, committed the crime...

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