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JOHNSON v. STATE

No. 670S138.

256 Ind. 497 (1971)

269 N.E.2d 879

GERALD LEE JOHNSON v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied September 13, 1971.

Attorney(s) appearing for the Case

Forrest Bowman, Jr., of Indianapolis, Chiappetta and Brumfield, of Muncie, for appellant.

Theodore L. Sendak, Attorney General, J. Frank Hanley, Deputy Attorney General, for appellee.

GIVAN, J.

Appellant was charged by affidavit with the carrying of a pistol without a license in violation of the statute as found in Burns Ind. Stat., 1956 Repl., § 10-4736. Trial by jury resulted in a verdict of guilty. Appellant was sentenced to the Indiana State Prison for a period of six years.

The record discloses the following facts:

Donna Greer, her husband, and another couple were driving on the evening of October 5, 1968, when Mrs. Greer...

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