GRAY v. STATE

No. 670S123.

256 Ind. 342 (1971)

268 N.E.2d 745

DANIEL GRAY v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied August 3, 1971.


Attorney(s) appearing for the Case

William C. Erbecker, James Manahan, DeWitt, Richards & Manahan, of Indianapolis, for appellant.

Theodore L. Sendak, Attorney General, William F. Thompson, Assistant Attorney General, for appellee.


GIVAN, J.

Appellant was charged by affidavit with the crime of robbery. Trial by court resulted in a finding of guilty of the included offense of theft of a sum greater than $100. The appellant was sentenced to the Indiana State Reformatory for not less than one nor more than ten years.

The record discloses the following evidence:

Ada Hiatt testified that on the date in question she was employed in the Morrow Pharmacy located at 2202 Churchman in the...

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