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HOWARD v. STATE

No. 868S133.

255 Ind. 380 (1970)

265 N.E.2d 31

HOWARD v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed December 17, 1970.

Attorney(s) appearing for the Case

William C. Erbecker, James Manahan, Erbecker & Manahan, of Indianapolis, for appellant.

John J. Dillon, Former Attorney General, Robert F. Hassett, Deputy Attorney General, for appellee.

No petition for rehearing filed.

GIVAN, J.

Appellant was charged by affidavit with the crime of theft as defined in Burns Ind. Stat., 1970 Supp., § 10-3030 et seq. The act specifically alleged in the indictment was the unlawful obtaining and exerting unauthorized control over a certain motor vehicle. The cause was submitted to the court without a jury, and the appellant was found guilty of the included...

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