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DEATRICK v. STATE

No. 2-1077A398.

392 N.E.2d 498 (1979)

Anthony DEATRICK, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

July 30, 1979.

Attorney(s) appearing for the Case

William B. Bryan, Angola, for appellant.

Theo. L. Sendak, Atty. Gen., Daniel Lee Pflum, Deputy Atty. Gen., Indianapolis, for appellee.

SHIELDS, Judge.

Deatrick was tried by a jury and convicted of Robbery. We reverse for the reason that he was denied a fair trial.

Deatrick's Motion to Correct Errors alleges that Paul Shock, an accomplice, "testified on behalf of the State pursuant to an agreement with, consideration from, influence from ... the then Prosecuting Attorney, Joseph Lesh." The accompanying affidavit from Paul Shock may be paraphrased as follows:

(1) During a meeting with...

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