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SEIBERT v. STATE

No. 29,544.

239 Ind. 283 (1959)

156 N.E.2d 878

SEIBERT v. STATE OF INDIANA.

Supreme Court of Indiana.

Superseding opinion filed March 17, 1959.

Attorney(s) appearing for the Case

Mark P. Lockwood, of Princeton, Gaylon L. Clark, Jr., McCray, Merrill, Clark & Craig and Wilbur F. Dassel, of counsel, all of Evansville, for appellant.

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

ACHOR, J.

Appellant was convicted of reckless homicide. The issue presented by this appeal is the sufficiency of the evidence to sustain the verdict.

The factual circumstances are correctly stated in the affidavit. However, the conclusions therein stated are very much in dispute. The pertinent parts of the charge are as follows:

"... that Joseph E. Seibert ... did then and there unlawfully and feloniously drive and operate a certain motor vehicle...

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