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SUTTON v. STATE

No. 30,819.

248 Ind. 1 (1966)

221 N.E.2d 430

SUTTON ET AL. v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed November 28, 1966.

Attorney(s) appearing for the Case

Robert S. Baker, Public Defender, and Sid M. Cleveland, Deputy Public Defender, for appellants.

John J. Dillon, Attorney General, and Wilma T. Leach, Deputy Attorney General, for appellee.

ARTERBURN, C.J.

This is an appeal from a proceeding brought under Indiana Supreme Court Rule 2-40B in which the appellants petitioned the trial court to correct an alleged erroneous sentence. Appeal from such a proceeding is proper. State ex rel. Lanter v. Rush C.C., Marshall, J. etc. (1958), 237 Ind. 705, 146 N.E.2d 826.

It appears that the appellants are now serving sentence...

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