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MERRILL v. STATE

No. 1-673A121.

303 N.E.2d 663 (1973)

Donald E. MERRILL, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

November 20, 1973.

Attorney(s) appearing for the Case

J. Bayne Burton, Anderson, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., A. Frank Gleaves, III, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

ROBERTSON, Presiding Judge.

The defendant-appellant (Merrill) brings this appeal from a conviction in the Madison Circuit Court for second degree burglary. Two issues are raised:

1. Was the jury's verdict supported by sufficient evidence?

2. Was it error for the trial court to permit a state's witness to testify following a violation of a separation of witnesses order?

In deciding whether the verdict is supported by sufficient evidence, this...

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