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BIVINS v. STATE

No. 569S101.

254 Ind. 184 (1970)

258 N.E.2d 644

BIVINS v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied with opinion July 30, 1970.

Attorney(s) appearing for the Case

Frank E. Spencer, of Indianapolis, for appellant.

Theodore L. Sendak, Attorney General and William F. Thompson, Assistant Attorney General, for appellee.

ARTERBURN, J.

Appellant and three other men were indicted for first degree murder and first degree murder by killing in the perpetration of a felony. The issues were submitted to a jury and appellant was found guilty on both counts and sentenced to life imprisonment.

All four of the men indicted, Smith, Mayberry, McElwain and the appellant, entered pleas of not guilty. Smith and the appellant were tried together. Mayberry and McElwain testified as State's...

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