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POSEY v. STATE

No. 29,292.

234 Ind. 696 (1956)

131 N.E.2d 145

POSEY AND MICHAEL v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed January 6, 1956.

Attorney(s) appearing for the Case

Edward J. Morrison and Joseph S. Thompson, of Columbus, for appellants.

Edwin K. Steers, Attorney General, and Owen S. Boling, Deputy Attorney General, for appellee.

LANDIS, J.

Appellants were charged by affidavit with the crime of rape and were convicted, after a jury trial, of the lesser included offense of assault and battery with intent to commit a felony.

Error is assigned on this appeal upon the denial of appellants' motion for a new trial, setting up the statutory ground, "That the jury had received and considered evidence, papers, and documents not authorized by the court...

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