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PHELPS v. STATE

No. 675S140.

360 N.E.2d 191 (1977)

Gerald Wayne PHELPS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

February 25, 1977.

Attorney(s) appearing for the Case

John G. Bunner, Bunner, John and Heathcotte, Evansville, for appellant.

Theodore L. Sendak, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

Gerald Phelps, hereinafter the defendant, was charged with rape and kidnapping. He was convicted in a jury trial and sentenced to life imprisonment. He appeals this conviction on various grounds of prosecutorial misconduct.

The prosecutrix was a dancer at a bar in Evansville. Shortly after midnight on March 27, 1974, she left her place of employment on foot. The defendant, who had met her earlier at the bar, drove up alongside her and offered...

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