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MOHNEY v. STATE

No. 3-773-A-89.

306 N.E.2d 387 (1974)

Harry Virgil MOHNEY, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied March 5, 1974.

Attorney(s) appearing for the Case

Abe Latker, Fort Wayne, Gilbert H. Deitch, Atlanta, Ga., for appellant.

Robert A. Zaban, Deputy Atty. Gen., Indianapolis, for appellee.

ON APPELLEE'S MOTION TO DISMISS

HOFFMAN, Chief Judge.

This cause is pending before the Court on the appellee's Motion to dismiss and the appellant's Recitation in Opposition thereto.

Appellee's motion alleges as cause therefor that this Court lacks jurisdiction of this case because the appellant did not perfect his appeal by filing the record of the proceedings within the time allowed by Rule AP. 3. We have examined the record and agree that this...

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