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JOHNSON v. STATE

No. 29,454.

236 Ind. 509 (1957)

141 N.E.2d 444

JOHNSON v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed April 12, 1957.

Attorney(s) appearing for the Case

Robert Lee Brokenburr, of Indianapolis, for appellant.

Edwin K. Steers, Attorney General, and Owen S. Boling and Merl M. Wall, Deputy Attorneys General, for appellee.

BOBBITT, J.

Appellant was indicted on two counts for the crime of murder in the first degree under Acts 1941, ch. 148, § 1, p. 447, being § 10-3401, Burns' 1956 Replacement; tried by jury and found guilty "as charged in Count One of the indictment"; and sentenced to the Indiana State Prison for life.

Count One of the indictment charged that appellant, on or about February 16, 1955, "unlawfully, feloniously, purposely and with premeditated malice...

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