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JESSUP v. STATE

No. 1069S253.

256 Ind. 409 (1971)

269 N.E.2d 374

JERALD IRVIN JESSUP v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed May 13, 1971.

Attorney(s) appearing for the Case

J. Bayne Burton, of Anderson, for appellant.

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

No petition for rehearing filed.

GIVAN, J.

Appellant was charged by affidavit in three counts: Count 1) Assault and battery with intent to commit a felony, to-wit: murder; Count 2) Aggravated assault and battery, and Count 3) Habitual criminal. Trial by jury resulted in a verdict of guilty of aggravated assault and battery and a finding that the appellant was an habitual criminal as charged in Count 3. The court first imposed sentence on the finding of guilty...

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