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MILLER v. STATE

No. 31,146.

250 Ind. 338 (1968)

236 N.E.2d 173

MILLER v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed April 29, 1968.

Attorney(s) appearing for the Case

Patrick J. Hadler, of Indianapolis, for appellant.

John J. Dillon, Attorney General, and Rex Phillip Killian, Deputy Attorney General, for appellee.

HUNTER, J.

Appellant Charles Miller was convicted of the crime of theft of stolen property pursuant to Ind. Anno. Stat. § 10-3030 (Supp. 1967) subsection (1) d and (2) a, b or c, (infra) in the Morgan Superior Court, and appeals from the overruling of his motion for new trial.

The affidavit upon which appellant was tried, omitting caption and signatures reads:

"H. Fred Neal being duly sworn, upon oath says, that in and at the County of Morgan...

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