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DAY v. STATE

No. 1267S163.

251 Ind. 399 (1968)

241 N.E.2d 357

DAY v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed November 7, 1968.

Attorney(s) appearing for the Case

Robert G. Mann, Bolden and Mann, Indianapolis, for appellant.

John J. Dillion, Attorney General, and Richard V. Bennett, Deputy Attorney General, for appellee.

ARTERBURN, J.

This is a criminal prosecution commenced by an affidavit, Count One charging the appellant with a violation of the 1935 Firearms Act (Burns' Ind. Stat. Anno. § 10-4736), and Count Two with assault and battery with intent to kill. The appellant was found not guilty of the latter charge and found guilty of violating the Firearms Act, which reads as follows:

"No person shall carry a pistol in any vehicle or on or about his person, except in...

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