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HOLLOWELL v. STATE

No. 170S11.

269 N.E.2d 755 (1971)

David Arnold HOLLOWELL, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

May 26, 1971.

Attorney(s) appearing for the Case

Donald D. Chiappetta, Muncie, for appellant.

Theodore L. Sendak, Atty. Gen., J. Frank Hanley, Deputy Atty. Gen., Indianapolis, for appellee.

DeBRULER, Judge.

This is an appeal from a conviction in the Delaware Circuit Court. Trial was had by jury and the appellant was convicted of First Degree Murder, felony murder, pursuant to I.C. 1971, 35-13-4-1, being Burns § 10-3401, which states:

"Whoever purposely and with premeditated malice, or in the perpetration of or attempt to perpetrate a rape, arson, robbery, or burglary, kills any human being, is guilty of murder in the first degree, and on...

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