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JOHNSON v. STATE

No. 770S172.

256 Ind. 579 (1971)

271 N.E.2d 123

JOHNNIE ERNEST JOHNSON v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed July 8, 1971.

Attorney(s) appearing for the Case

Al S. Woolbert, of Anderson, Frank E. Spencer, of Indianapolis, for appellant.

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

HUNTER, J.

Appellant was charged by indictment with the offense of involuntary manslaughter. Upon a plea of not guilty, appellant was tried in the Madison County Circuit Court before a jury and found guilty of simple assault. Pursuant to such verdict appellant was fined two hundred fifty dollars [$250] and sentenced to imprisonment in the Madison County Jail for a period of ninety [90] days.

There were several eye-witnesses to the alleged offense and the facts...

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