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NOEL v. STATE

No. 1170S268.

274 N.E.2d 245 (1971)

James Leon NOEL et al., Appellants, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

October 26, 1971.

Attorney(s) appearing for the Case

Harry L. Zerbe, Lawrenceburg, for alpellant.

Theodore L. Sendak, Atty. Gen., William D. Bucher, Deputy Atty. Gen., for appellee.

HUNTER, Judge.

This is an appeal from a conviction of theft. Appellants, James Rogers, James Noel, Edward Gafford and Ronald Knust, were charged by affidavit with Committing or Attempting to Commit a Crime While Armed With a Deadly Weapon pursuant to Ind. Ann. Stat. § 10-4709 [1970 Supp.], IC 1971, 35-12-1-1. Appellants were tried together, trial being to a jury, and upon conviction of the lesser included offense, each received a sentence of one (1) to ten (10...

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