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MYSLINSKI v. STATE

No. 1070S231.

257 Ind. 453 (1971)

275 N.E.2d 544

CARL W. MYSLINSKI v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied January 19, 1972.

Attorney(s) appearing for the Case

Palmer K. Ward, of Indianapolis, for appellant.

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

GIVAN, J.

Appellant was originally charged by affidavit with the crime of armed robbery as defined in Burns Ind. Stat., 1970 Supp., § 10-4709. Subsequently the State filed a second count charging appellant with the crime of robbery as defined in Burns Ind. Stat., 1956 Repl., § 10-4101. The State then filed a motion to dismiss the charge of armed robbery and elected to go to trial on the charge of robbery.

Trial by jury resulted in a verdict of guilty...

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