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HOLLOWAY v. STATE

No. 3-975A213.

352 N.E.2d 523 (1976)

Jeffrey Bruce HOLLOWAY, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied September 3, 1976.

Attorney(s) appearing for the Case

James L. Wieser, Lund & Wieser, P.C., Gary, for appellant.

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

GARRARD, Judge.

This appeal requires us to examine the law pertaining to convictions for lesser included offenses in the area of assault and battery.

The evidence favoring the verdict disclosed that a Gary police officer, who was working as a store security officer at the time, observed appellant Holloway in the store's parking lot. Believing that Holloway was carrying a pair of stolen shoes, the officer went up to Holloway's auto,

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