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SANDILLA v. STATE

No. 45A03-9102-CR-42.

603 N.E.2d 1384 (1992)

Adam SANDILLA, Kenneth C. Giertz, Thomas Baljak, Appellants-Defendants, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

Transfer Denied January 20, 1993.

Attorney(s) appearing for the Case

William L. Touchette, Merrillville, for appellant Thomas Baljak.

Martin H. Kinney, Dan DeArmond, Merrilliville, for appellant Adam Sandilla.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for the State.

GARRARD, Judge.

I. Facts and Procedural History

Defendants appeal from their convictions for involuntary manslaughter. We reverse.

On the evening of May 19, 1989, a bachelor party was held for Thomas Baljak (Baljak) in Hobart, Indiana, and was attended by many of his friends, including Kenneth C. Giertz (Giertz). After the party, Baljak, Giertz, and several others drove to a bar to continue socializing. Adam Sandilla (Sandilla), who was acquainted...

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