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SMITH v. STATE

No. 483S141.

465 N.E.2d 702 (1984)

Mark SMITH, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied August 30, 1984.

Attorney(s) appearing for the Case

James R. Cotner, Cotner, Mann & Chapman, Bloomington, for appellant.

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

HUNTER, Justice.

The defendant, Mark Smith, was convicted by a jury of attempted murder, a Class A felony, Ind. Code §§ 35-41-5-1, 35-42-1-1(1) (Burns 1979 Repl.). He was sentenced to the Indiana Department of Correction for a term of thirty years. He raises the following three issues in this direct appeal:

1. Whether it was reversible error to overrule the defendant's motion to dismiss based upon the...

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