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PETTIGREW v. STATE

No. 2-274A53.

332 N.E.2d 795 (1975)

Allen PETTIGREW, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Second District.

August 18, 1975.

Attorney(s) appearing for the Case

Donald S. Eisenberg, Madison, Wis., Arnold Paul Baratz, Indianapolis, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., Wesley T. Wilson, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

SULLIVAN, Presiding Judge.

After a jury trial, appellant Pettigrew was found guilty of both possession of heroin1 and sale of heroin.2 He argues that the charging affidavit is impermissibly vague; that the trial court erred in failing to declare a mistrial; that the evidence of sale is insufficient; and that his conviction for both possession and sale is contrary to law.

We reverse the conviction for...

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