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STATE v. BAKER

No. 30,213.

244 Ind. 150 (1963)

191 N.E.2d 499

STATE OF INDIANA v. BAKER; SILVER.

Supreme Court of Indiana.

Filed June 28, 1963.

Attorney(s) appearing for the Case

Edwin K. Steers, Attorney General, and Carl E. Van Dorn, Deputy Attorney General, for appellant.

Milford M. Miller, W.C. Welborn and Ole J. Olsen, all of Evansville, for appellees.

ACHOR, J.

This is an appeal from an order of the Vanderburgh Circuit Court sustaining appellees' motion to quash the amended affidavit. The State refused to plead further and, instead, filed its praecipe for this appeal. [The appeal was dismissed as to appellee Fred O. Baker for procedural reasons.] The material part of the affidavit was as follows:

"[T]hat FRED O. BAKER and SOL SILVER on or about the 1st day of...

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