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MURPHY v. STATE

No. 18A05-0411-CR-617.

837 N.E.2d 591 (2005)

Agnes MURPHY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

November 22, 2005.

Attorney(s) appearing for the Case

John H. Brooke, Brooke Mawhorr, P.C., Muncie, for Appellant.

Steve Carter, Attorney General of Indiana, Matthew D. Fisher, Deputy Attorney General, Indianapolis, for Appellee.

OPINION

MAY, Judge.

Agnes Murphy was charged with unauthorized receipt from a voter of a ballot prepared by the voter for voting, a Class D felony,1 after she accepted a ballot in a sealed envelope from an absentee voter and put it in a mailbox. She moved to dismiss the charge on the ground the statute under which she was charged is unconstitutional, and she brings an interlocutory appeal of the denial of her motion. Murphy raises...

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