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WAYE v. STATE

No. 2-178A18.

390 N.E.2d 700 (1979)

Rodney James WAYE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

June 18, 1979.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, Robert W. Hammerle, Sp. Asst. Public Defender, David P. Freund, Deputy Public Defender, Indianapolis, for defendant-appellant.

Theo. L. Sendak, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

SHIELDS, Judge.

Defendant-appellant Rodney James Waye appeals his conviction of perjury, IC 35-1-90-1 (Burns Code Ed. 1975),1 raising three issues for our review. We only address Waye's contention that the trial court erred in overruling his motion for judgment on the evidence and reverse on that ground.

On June 2, 1975 Waye was deposed by defense counsel in a criminal action entitled State of Indiana v. Charles Randy Case,...

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