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SMITH v. STATE

No. 770S145.

270 N.E.2d 743 (1971)

Lester SMITH, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied August 26, 1971.

Attorney(s) appearing for the Case

Palmer K. Ward, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Robert A. Smith, Deputy Atty. Gen., for appellee.

HUNTER, Judge.

This is an appeal from a judgment of guilty in a conviction for the crime of first degree arson. Appellant was tried without the intervention of a jury and was sentenced by the court to the Indiana State Prison for not less than two (2) nor more than fourteen (14) years.

The crime of first degree arson is defined by Ind. Ann. Stat. § 10-301 (1956 Repl.), I.C. 1971, 35-16-1-1 as follows:

"§ 10-301 [2441]. Arson in the first...

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