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STEELE v. STATE

No. 3-982A256.

446 N.E.2d 353 (1983)

James Henry STEELE, Jr., Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied April 22, 1983.

Transfer Denied June 21, 1983.

Attorney(s) appearing for the Case

Itsia Doris Rivera, Rivera, Schlesinger & de la Torre, East Chicago, for defendant-appellant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

HOFFMAN, Presiding Judge.

Appellant James Steele was charged and convicted of robbery,1 a class C felony. The trial of Steele commenced on April 27, 1982. Opening statements and the testimony of five witnesses for the State were elicited before court was adjourned for the day. When court reconvened on the second day, appellant moved for a mistrial based on the court's failure to swear in the jury prior to the commencement of the trial...

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