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GUNN v. STATE

No. 2-1075A262.

365 N.E.2d 1234 (1977)

James GUNN, Jr., Appellant (Defendant), v. STATE of Indiana, Appellee (Plaintiff).

Court of Appeals of Indiana, First District.

August 3, 1977.

Attorney(s) appearing for the Case

Frank E. Spencer, Indianapolis, A.S. Woolbert, Anderson, for appellant.

Theo. L. Sendak, Atty. Gen., Elmer Lloyd Whitmer, Deputy Atty. Gen., Indianapolis, for appellee.

ROBERTSON, Chief Judge.

James Gunn, Jr. (Gunn) was charged by indictment with murder in the first degree. The jury returned a verdict of guilty of involuntary manslaughter, and he was sentenced to the custody of the Indiana Department of Corrections for a term of one to ten years. Following the overruling of his motion to correct errors, he perfected this appeal.

We reverse and remand for a new trial.

The evidence describing the events of the early...

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