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POTTER v. STATE

No. 1170S262.

257 Ind. 370 (1971)

274 N.E.2d 699

DONALD RAY POTTER v. STATE OF INDIANA.

Supreme Court of Indiana.

Rehearing denied January 10, 1972.

Attorney(s) appearing for the Case

Frederick J. Graf, of Indianapolis, for appellant.

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

PRENTICE, J.

Defendant (Appellant) was tried upon a charge by affidavit of the offense of Robbery under 1956 Repl., Burns Ind. Stat. Ann. § 10-4101, Acts of 1941, ch. 148, § 6, I.C. 1971, 35-13-5-6. He was convicted of the lessor included offense of theft from the person under 1956 Repl., Burns Ind. Stat. Ann. § 10-3030, Acts of 1963 (Spec. Sess.) ch. 10, § 3, I.C. 1971, 35-17-5-3, and was sentenced to imprisonment for not less than one nor more...

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