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PAXTON ET AL. v. STATE

No. 668S106.

255 Ind. 264 (1970)

263 N.E.2d 636

PAXTON AND ATHERTON v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed November 20, 1970.

Attorney(s) appearing for the Case

William L. McClellan, of Greencastle, for appellants.

Theodore L. Sendak, Attorney General, Curtis C. Plopper, Deputy Attorney General, for appellee.

No petition for rehearing filed.

HUNTER, C.J.

Appellants were charged by affidavit with the crimes of theft and second degree burglary. Trial before a jury resulted in a verdict of guilty and sentence was pronounced thereon. On this appeal, appellants question the validity of a search conducted by police officers incident to a purported arrest on a charge of reckless driving. The essential question on this appeal relates to the propriety of the

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