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STATE v. GURECKI

No. 29,082.

233 Ind. 383 (1954)

119 N.E.2d 895

STATE OF INDIANA v. GURECKI.

Supreme Court of Indiana.

Filed June 8, 1954.

Attorney(s) appearing for the Case

Edwin K. Steers, Attorney General, Richard M. Givan and Frank E. Spencer, Deputy Attorneys General, for appellant.

Myrten W. Davie, of LaPorte, for appellee.

DRAPER, J.

On July 20, 1951, an affidavit was filed in the LaPorte Circuit Court pursuant to Burns' 1942 Repl., § 9-2207, the provisions of which are set out in the margin.1 It charged Stanley Gurecki, the appellee here, with the offense of assault and battery with intent to commit a felony. It was further therein charged that Gurecki had previously been convicted, sentenced and imprisoned in a penal institution for the crime of feloniously...

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