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NEWLAND v. STATE

No. 268S23.

250 Ind. 512 (1968)

236 N.E.2d 45

NEWLAND v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied June 11, 1968.

Attorney(s) appearing for the Case

Robert H. VanBrunt, of Indianapolis, for appellant.

John J. Dillon, Attorney General, and Robert F. Hassett, Deputy Attorney General, for appellee.

PER CURIAM.

This matter was initiated by the filing of a verified petition for a writ of certiorari. The issue before this court is whether the trial court erred in refusing permission to petitioner to file a belated motion for a new trial.

Under the rules of the Supreme Court of Indiana, Rule 2-40 is applicable. The pertinent part thereof, reads as follows:

"... the petition (for a belated motion for a new trial) must be personally verified by the...

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