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GIBSON v. STATE

No. 370S54.

257 Ind. 23 (1971)

271 N.E.2d 706

BOBBY KERMIT GIBSON, HAROLD DONNIE GIBSON v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed August 4, 1971.

Attorney(s) appearing for the Case

R.E. Moore, Michael T. Dugan II, of Indianapolis, for appellants.

Theodore L. Sendak, Attorney General, Robert F. Hassett, Deputy Attorney General, for appellee.

PRENTICE, J.

Defendants (Appellants) were convicted of Second Degree Burglary under Burns Ind. Stat., 1956 Repl., § 10-701 (b) (Acts 1951, ch. 148, § 4). Their appeal presents three questions: (1) Sufficiency of the evidence, (2) Adequacy of Miranda warning and waiver and (3) Validity of verdict returned after a jury had separated without leave of court.

The evidence most favorable to the State discloses that the defendants were arrested at...

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