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STALLINGS v. STATE

No. 869S189.

255 Ind. 365 (1970)

264 N.E.2d 618

STALLINGS v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied March 3, 1971.

Attorney(s) appearing for the Case

Stanley A. Levine, Nieter, Smith, Blume, Wyneken & Dixon, of Fort Wayne, for appellant.

Theodore L. Sendak, Attorney General, Mark Peden, Deputy Attorney General, for appellee.

GIVAN, J.

The appellant was charged with voluntary manslaughter as defined in Burns Ind. Stat., 1956 Repl., § 10-3405. The cause was submitted for trial to the court without a jury. The court found appellant guilty of the included offense of aggravated assault and battery as defined in Burns Ind. Stat., 1970 Supp., § 10-410.

The appellant in this case was originally tried on a charge of second degree murder...

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