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AVERHART v. STATE

No. 1182S414.

470 N.E.2d 666 (1984)

Rufus Lee AVERHART, Ralph Dennis Hutson, and David North, Appellants, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied December 26, 1984.

Attorney(s) appearing for the Case

Stephen C. Bower, Kentland, for Rufus Lee Averhart.

Robert W. Hammerle, Indianapolis, for Ralph Dennis Hutson.

Eugene C. Hollander, Indianapolis, for David North.

Linley E. Pearson, Atty. Gen., Joseph N. Stephenson, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

These three Appellants were charged jointly in the Lake Criminal Court with the crimes of murder, and murder in the perpetration of robbery. Change of venue was granted to the Allen Superior Court and there all three were found guilty of both murder and felony murder. The death sentence was sought for all three defendants but the jury recommended death for Averhart only. The trial court found that sentence...

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